Bill  to  be  entitled  an  act  to 
reorganize  and  consolidate  the 
several  departments 

N.C,  General  assembly,  1923 


®l]p  Htbraru 

Of  tff? 

Hntoprmty  of  North  (Earoltna 


(fuUerttntt  nf  North  (Barnlimatta 
(This  bonk  tnaa  prmntrh 

fttt 

T?.»3.'W.l!Cc,M.^or' 

C^353 

>T8?<i 


S.  B.  No.  825;  H.  B.  No . 

Session  1923 

Ordered  to  be  printed 

Bynum  Printing  Company,  State  Printers 


Introduced  by  Long  of  Halifax 


Referred  to  Committee  on  Judiciary ,  No.  1 


A  BILL  TO  BE  ENTITLED  AN  ACT  TO  REORGANIZE  AND 
CONSOLIDATE  THE  SEVERAL  DEPARTMENTS,  BOARDS 
AND  COMMISSIONS  OF  THE  STATE  OF  NORTH  CARO¬ 
LINA. 

The  General  Assembly  of  North  Carolina  do  enact: 

Section  1.  This  act  shall  be  known  as  “The  Civil  Administra- 

*■ 

2  tive  Code  of  North  Carolina.” 

Sec.  2.  The  word  “department”  as  used  in  this  act  shall,  unless 

2  the  context  otherwise  clearly  indicates,  mean  the  several  depart- 

3  ments  of  the  State  Government  as  designated  in  section  3  of  this 

1  act,  and  none  other. 

Sec.  3.  Departments  of  the  State  Government  shall  be  the  fol- 

2  lowing : 

3  The  Department  of  Administration; 

1  The  Department  of  State; 

5  The  Department  of  Audit  and  Control; 

6  The  Department  of  the  Treasury; 

7  The  Department  of  Education; 

S  The  Department  of  Law; 

9  The  Department  of  Agriculture; 

10  The  Department  of  Health; 

11  The  Department  of  Natural  Resources; 

12  The  Department  of  Labor  and  Industry; 

13  The  Department  of  Banking  and  Insurance; 

14  The  Department  of  Taxation  and  Revenue; 

15  The  Department  of  Highways  and  Public  Works; 

16  The  Department  of  Welfare; 

17  The  Department  of  Military  Affairs; 

18  The  Department  of  Public  Utilities. 

Sec.  4.  Each  department  shall  have  an  officer  or  officers  at  its 

2  head  who  shall,  subject  to  the  provisions  of  this  act,  execute  the 


Q 

6 

4 

y 

0 

6 

i 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

2 

3 

4 

5 

6 

7 

8 

2 


2 


powers  a*nd  discharge  the  duties  vested  by  law  in  his  or.  their  respec¬ 
tive  department  as  follows : 

Governor,  for  the  Department  of  Administration; 

Secretary  of  State,  for  the  Department  of  State; 

Auditor,  for  the  Department  of  Audit  and  Control; 

Treasurer,  for  the  Department  of  the  Treasury; 

Superintendent  of  Public  Instruction,  for  the  Department  of 
Education ; 

Attorney-General,  for  the  Department  of  Law. 

The  following  offices  are  hereby  created  or  continued  : 

Commissioner  of  Agriculture,  for  the  Department  of  Agriculture ; 

Commissioner  of  Health,  for  the  Department  of  Health; 

Commissioner  of  Natural  Resources,  for  the  Department  of 
Hatural  Resources; 

Commissioner  of  Labor  and  Industry,  for  the  Department  of 
Labor  and  Industry; 

Commissioner  of  Banking  and  Insurance,  for  the  Department  of 
Banking  and  Insurance; 

Commissioner  of  Taxation  and  Revenue,  for  the  Department  of 
Taxation  and  Revenue; 

Commissioner  of  Highways  and  Public  Works,  for  the  Depart¬ 
ment  of  Highways  and  Public  Works; 

Commissioner  of  Welfare,  for  the  Department  of  Welfare; 

Adjutant  General,  for  the  Department  of  Military  Affairs; 

Three  Public  Utilities  Commissioners,  for  the  Department  of 
Public  Utilities. 

Sec.  5.  In  addition  to  the  heads  of  departments  mentioned  in 
section  4,  the  following  executive  and  administrative  officers  in  the 
respective  departments  shall  hold  offices  hereby  created  or  continued 
and  designated  as  follows : 


IN  THE  DEPARTMENT  OF  ADMINISTRATION 

Director  of  the  budget ; 

Director  of  purchase  and  supplies. 

IN  THE  DEPARTMENT  OF  AGRICULTURE 

Director  of  extension  and  the  North  Carolina  Experiment 
Station. 

Sec.  6.  Advisory  and  non-executive  boards,  in  the  respective 
departments,  are  created  or  continued  as  follows: 


9 

O 

4 

5 

6 

7 

8 

9 

10 

11 

in 

12 

13 

14 

15 

16 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 


3 


•  IX  THE  DEPARTMENT  OF  EDUCATION 

Board  for  Vocational  Education,  composed  of  three  persons; 
The  North  Carolina  Historical  Commission,  composed  of  live 
persons. 


IN  THE  DEPARTMENT  OF  AGRICULTURE 

Board  of  Agriculture,  composed  of  ten  persons; 

Joint  Committee  for  Agricultural  Work,  composed  of  ten  per¬ 
sons. 

IN  THE  DEPARTMENT  OF  HEALTH 
State  Board  of  Health,  composed  of  five  persons. 


IN  THE  DEPARTMENT 


OF  NATURAL  RESOURCES 


Commission  on  Natural  Resources,  composed  of  five  persons. 


IN  THE  DEPARTMENT  OF  LABOR  AND  INDUSTRY 
Industrial  Council,  composed  of  five  persons. 

THE  DEPARTMENT  OF  HIGHWAYS  AND  PUBLIC  WORKS 
State  Highway  Commission,  composed  of  nine  persons. 


is : 


IN  THE  DEPARTMENT  OF  WELFARE 

State  Board  of  Charities,  composed  of  five  persons; 

Commission  on  Mental  Hygiene,  composed  of  eight  person: 

Public  Welfare  Council,  composed  of  five  persons; 

Advisory  Board  of  Parole,  composed  of  three  persons. 

Sec.  7.  The  Commissioner  of  Agriculture  shall  be  a  person 
who  has  had  not  less  than  five  years  of  successful  experience  in 
farming  or  in  teaching  agricultural  subjects  in  a  college  of  recog¬ 
nized  standing. 

The  Commissioner  of  Health  shall  be  a  person  licensed  to  prac¬ 
tice  medicine  and  surgery  in  this  State,  and  shall  have  had  at  least 
five  years  of  experience  in  the  practice  of  medicine  and  surgery 
and  at  least  three  years  of  practical  experience  in  public  health 
work. 

The  Commissioner  of  Natural  Resources  shall  be  a  successful 
business  or  professional  man  avIio  is  in  no  way,  officially  or  per- 


2 


12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

3  < 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 


4 


sonally,  connected  with  any  corporation,  firm  or  individual  engaged 
in  the  sale,  manufacture  or  exploitation  of  the  timber,  fishing, 
hydro-electric  or  water-power  industries  of  this  State. 

The  Commissioner  of  Labor  and  Industry  shall  be  a  representa- 

» 

tive  citizen. 

The  Commissioner  of  Banking  and  Insurance  shall  he  a  success¬ 
ful  business  or  professional  man  who  is  in  no  way,  officially  or  per¬ 
sonally,  interested  in  any  bank,  loan  and  trust  company,  insurance 
company  or  other  corporation,  firm  or  individual  subject,  in  whole 
or  in  part,  to  regulation  by  the  department. 

The  Commissioner  of  Taxation  and  Revenue  shall  be  a  repre¬ 
sentative  citizen. 

The  Commissioner  of  Highways  and  Public  Works  shall  be  a 
representative  citizen. 

The  Commissioner  of  Welfare  shall  be  a  person  who  has  had  not 
less  than  five  years  of  experience  in  the  field  of  public  charities 
and  social  welfare. 

The  Adjutant  General  shall  be  an  officer  of  not  less  than  five 
years  of  commissioned  service  in  the  national  guard,  naval  militia, 
regular  army,  United  States  navy  or  marine  corps;  hut  while 
holding  such  office  the  Adjutant  General  shall  not  be  a  member  of 
the  active  national  guard  or  naval  militia. 

Xo  public  utilities  commissioner  or  employee  of  the  Department 
of  Public  Utilities  shall  he  in  the  employ  of  or  hold  any  official 
relation  to  any  corporation  or  person  subject,  in  whole  or  in  part, 
to  regulation  by  the  department,  nor  shall  he  hold  stocks  or  bonds 
in  any  such  corporation  or  be  in  any  other  manner  pecuniarily 
interested  therein,  directly  or  indirectly;  and  if  any  public  utilities 
commissioner  or  employee  shall  voluntarily  become  so  interested, 
his  office  or  employment  shall  ipso  facto  become  vacant ;  and  if  any 
public  utilities  commissioner  or  employee  becomes  so  interested 
otherwise  than  voluntarily  he  shall,  within  a  reasonable  time,  divest 
himself  of  such  interest. 

The  director  of  the  budget  shall  be  a  person  who  has  had  not  less 
than  three  years  of  public  accounting  or  is  a  successful  business 
executive. 

The  director  of  purchase  and  supplies  shall  be  a  person  who  has 
had  not  less  than  five  years  of  successful  experience  in  the  purchase 
of  materials  and  supplies  on  a  broad  scale. 

The  director  of  extension  and  the  Xortli  Carolina  Experiment 
Station  shall  be  a  person  who  has  had  not  less  than  five  years  of 
successful  experience  in  farming  or  in  teaching  agricultural  sub¬ 
jects  in  a  college  of  recognized  standing. 


2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 


O 


Sec.  8.  The  Board  for  Vocational  Education  shall  consist  of 
the  Superintendent  of  Public  Instruction  as  chairman  ex  officio 
and  the  directors  of  two  bureaus  of  the  Department  of  Education 
directly  related  to  vocational  educational  work  who  shall  be  ap¬ 
pointed  by  him  and  who  shall  serve  during  his  pleasure. 

The  Board  of  Agriculture  shall  consist  of  ten  persons  engaged  in 
agricultural  industries,  not  excluding  representatives  of  the  agri¬ 
cultural  press,  whose  terms  of  office  shall  be  five  years,  two  expiring 
each  year.  1ST o  two  members  of  the  board  shall  reside  in  the  same 
congressional  district  of  the  State. 

The  Joint  Committee  for  Agricultural  Work  shall  consist  of  the 
Commissioner  of  Agriculture,  the  president  of  the  North  Carolina 
State  College  of  Agriculture  and  Engineering,  four  members  of  the 
Board  of  Agriculture  and  four  members  of  said  college.  The  four 
members  of  the  joint  committee  from  each  of  the  two  boards  shall 
be  designated  by  the  board  of  which  they  are  members  respectively, 
and  shall  serve  on  the  committee  during  their  terms  as  members  of 
the  board,  unless  excused  from  such  service  by  their  respective 
boards. 


The  State  Board  of  Health  shall  consist  of  three  registered  phy¬ 
sicians,  a  sanitary  engineer  and  a  woman. 

The  Commission  on  Natural  Kesources  shall  in  its  initial  for¬ 
mation  include  one  member  each  of  the  present  Fisheries’  Com¬ 
mission  Board,  the  State  Geological  Board  and  the  Audubon  Society 
of  North  Carolina.  Subsequent  appointments  shall  be  representa¬ 
tive  of  the  conservation  elements  or  groups  of  the  State. 

The  Industrial  Council  shall  consist  of  a  manufacturer,  a  repre¬ 
sentative  of  organized  labor,  a  woman,  a  lawyer,  and  a  registered 
physician. 

The  State  Highway  Commission  shall  consist  of  one  resident  each 
of  the  nine  highway  districts  of  the  State  whose  term  of  office  shall 
be  six  years,  three  expiring  every  two  years.  The  minority  party 
shall  be  represented  on  the  commission  by  three  members.  . 

The  State  Board  of  Charities  and  the  North  Carolina  Historical 
Commission  each  shall  include  at  least  one  woman  in  its  mem¬ 
bership. 

The  Commission  on  Mental  Hygiene  shall  consist  of  the  presi¬ 
dents  of  the  boards  of  trustees  and  the  superintendents  of  the  four 
State  institutions  for  mental  defectives,  and  they  shall  serve  on  the 
commission  during  their  terms  as  hoard  members  and  superintend- 

cuts  respectively.  .  .  . 

The  Public  Welfare  Council  shall  consist  of  the  chairman  ot  the 

Commission  on  Mental  Hygiene,  the  superintendent  of  the  State 


44 

45 

46 

47 

48 

49 

50 

o 

o 

O 

4 

5 

6 

4 

S 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

2 

o 

O 


G 


Prison,  tlie  Commissioner  of  Welfare,  tlie  Superintendent  of  Pub¬ 
lic  Education  and  the  Commissioner  of  Health,  who  shall  be  mem¬ 
bers  ex  officio. 

The  Advisory  Board  of  Parole  shall  consist  of  the  Attorney- 
G-eneral  as  chairman,  the  superintendent  of  the  State  Prison,  and 
the  chairman  of  the  Commission  on  Mental  Hygiene,  who  shall  he 
members  ex  officio. 

Sec.  9.  Each  advisory  and  non-executive  hoard,  except  as  other¬ 
wise  expressly  provided  in  this  act,  shall,  with  respect  to  its  field 
of  work,  or  that  of  the  department  with  which  it  is  associated, 
have  the  following  powers  and  duties : 

1.  To  consider  and  study  the  entire  field;  to  advise  the  executive 
officers  of  the  department  upon  their  request;  to  recommend,  on  its 
own  initiative,  policies  and  practices,  which  recommendations  the 
executive  officers  of  the  department  shall  duly  consider,  and  to  give 
advice  or  make  recommendations  to  the  Governor  and  the  General 
Assembly  when  so  requested,  or  on  its  own  initiative; 

2.  To  investigate  the  conduct  of  the  work  of  the  department  with 
which  it  may  he  associated,  and  for  this  purpose  to  have  access,  at 
any  time,  to  all  hooks,  papers,  documents,  and  records  pertaining 
or  belonging  thereto,  and  to  require  written  or  oral  information 
from  any  officer  or  employee  thereof; 

3.  To  adopt  rules,  not  inconsistent  with  law,  for  its  internal  con¬ 
trol  and  management,  a  copy  of  which  rules  shall  he  filed  with  the 
commissioner  of  the  department  with  which  such  hoard  is  associ¬ 
ated  ; 

4.  To  hold  meetings  at  such  times  and  places  as  may  he  pre¬ 
scribed  by  the  rules,  not  less  frequently,  however,  than  quarterly; 

5.  To  act  by  a  sub-committee,  or  by  a  majority  of  the  board,  if 
the  rules  so  prescribe; 

6.  To  keep  minutes  of  the  transactions  of  each  session,  regular 
or  special,  which  shall  be  public  records  and  filed  with  the  head 
of  the  department. 

7.  To  give  notice  to  the  Governor  and  to  the  head  of  the  depart¬ 
ment  with  which  it  is  associated  of  the  time  and  place  of  every 
meeting,  regular  or  special,  and  to  permit  the  Governor  and  head 
of  the  department  to  be  present  and  to  be  heard  upon  any  matter 
coming  before  such  board. 

o 

Sec.  10.  Each  member  of  an  advisory  and  non-executive  board 

t/ 

shall  serve  without  salary  or  other  compensation,  but  he  shall  re¬ 
ceive  actual  expenses  incurred  in  the  discharge  of  his  official  duties. 


2 

3 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

2 

Q 

6 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 


L 

Sec.  11.  Each  department  head  and  administrative  officer,  ex¬ 
cept  the  Attorney-General,  shall  devote  his  entire  time  to  the  duties 
of  his  office,  and  shall  hold  no  other  office  or  position  of  profit. 

Sec.  12.  Each  officer  whose  office  heretofore  has  been  elective 
by  statutory  enactment  or  whose  office  is  created  or  continued  by 
this  act  shall  he  appointed  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate:  Provided ,  confirmation  is  not  required 
of  the  appointment  of  the  director  of  the  budget  and  director  of 
purchase  and  supplies.  In  any  case  of  vacancy  in  such  offices  dur¬ 
ing  the  recess  of  the  Senate,  the  Governor  shall  make  a  temporary 
appointment  until  the  next  meeting  of  the  Senate,  when  he  shall 
nominate  some  person  to  fill  such  office;  and  any  person  so  nomi¬ 
nated,  who  is  confirmed  by  the  Senate,  shall  hold  his  office  during 
the  remainder  of  the  term  and  until  his  successor  shall  be  appointed 
and  qualified.  If  the  Senate  is  not  in  session  at  the  time  this  act 
takes  effect,  the  Governor  shall  make  a  temporary  appointment  as 
in  case  of  a  vacancy.  The  Governor  shall  have  the  power  of  re¬ 
moval  of  any  officer  appointed  by  him  under  this  act. 

Sec.  12-a.  Within  thirty  days  after  this  act  takes  effect,  the 
Governor,  with  the  consent  of  the  Senate,  shall  appoint  the  mem¬ 
bers  of  the  Worth  Carolina  Historical  Commission,  the  State  Board 
of  Health,  the  Commission  on  Natural  Resources,  the  Industrial 
Council  and  the  State  Board  of  Charities  respectively  as  follows: 
one  member  for  a  term  of  one  year,  one  member  for  a  term' of  two 
years,  one  member  for  a  term  of  three  years,  one  member  for  a 
term  of  four  years,  and  one  member  for  a  term  of  five  years.  As 
the  terms  of  these  members  first  appointed  under  this  section  ex¬ 
pire,  their  successors  and  all  members  appointed  thereafter  shall 
be  appointed  for  a  term  of  five  years.  All  vacancies  shall  be  filled 
by  appointment  by  the  Governor  as  prescribed  in  section  12  of 
this  act. 

Within  thirty  days  after  this  act  takes  effect,  the  Governor,  with 
the  consent  of  the  Senate,  shall  appoint  the  members  of  the  Board 
of  Agriculture  as  follows:  two  members  for  a  term  of  one  year, 
two  members  for  a  term  of  two  years,  two  members  for  a  term  of 
three  years,  two  members  for  a  term  of  four  years,  and  two  members 
for  a  term  of  five  years.  As  the  terms  of  these  members  first 
appointed  under  this  section  expire,  their  successors  and  all  mem¬ 
bers  appointed  thereafter  shall  be  appointed  for  a  teim  of  fiw 
years.  All  vacancies  shall  be  filled  by  appointment  by  the  Governor 
as  prescribed  in  section  12  of  this  act. 


8 


24  Within  thirty  days  after  this  act  takes  effect,  the  Governor,  with 

25  consent  of  the  Senate,  shall  appoint  the  members  of  the  State  Higli- 

26  way  Commission  as  follows:  three  members  for  a  term  of  two  vears, 

27  three  members  for  a  term  of  four  years,  and  three  members  for  a 

28  term  of  six  years.  As  the  terms  of  these  members  first  appointed 
20  under  this  section  expire,  their  successors  and  all  members  ap- 

80  pointed  thereafter  shall  be  appointed  for  a  term  of  six  years.  All 

81  vacancies  shall  be  filled  by  appointment  by  the  Governor  as  pre- 

82  scribed  in  section  12  of  this  act. 

Sec.  13.  Each  officer  whose  office  is  created  or  continued  under 

2  the  terms  of  this  act,  except  as  otherwise  specifically  provided  for 

3  in  this  act,  shall  hold  office  for  a  term  of  four  years  from  the  first 

4  day  in  January  next  after  the  election  of  a  Governor,  and  until 

5  his  successor  is  appointed  and  qualified. 

Sec.  14.  Each  officer  whose  office  is  created  or  continued  under 

2  the  terms  of  this  act  shall,  before  entering  upon  the  duties  of  his 

3  office,  take  and  subscribe  an  oath  that  he  will  support  the  Constitu- 

4  tion  and  laws  of  the  United  States,  and  of  the  State  of  JSTortli  Oaro- 

5  lina,  and  that  he  will  faithfully  perform  the  duties  appertaining 

6  to  his  office,  which  shall  be  filed  in  the  office  of  the  Secretary  of 

7  State. 

Sec.  15.  Directors  or  chiefs  of  bureaus  or  divisions  of  depart- 

2  ments  shall  be  appointed  and  removed  by  the  department  head  and 

3  they  shall  have  power  to  appoint  their  subordinates  subject  to  the 

4  approval  of  the  department  head. 

Sec.  16.  The  head  of  each  department  is  empowered  to  pre- 

2  scribe  regulations,  not  inconsistent  with  law,  for  the  government 

3  of  his  department,  the  conduct  of  its  employees  and  clerks,  the  dis- 

4  tribution  and  performance  of  its  business,  and  the  custody,  use  and 

5  preservation  of  the  records,  papers,  books,  documents,  and  property 

6  pertaining  thereto. 

Sec.  17.  Each  department  shall  maintain  a  central  office  at 

2  Raleigh.  The  head  of  each  department  may,  in  his  discretion  and 

3  with  the  approval  of  the  Governor,  establish  and  maintain,  at 

4  places  other  than  the  seat  of  government,  branch  offices  for  the  con- 

5  duct  of  any  one  or  more  functions  of  his  department. 

Sec.  18.  Each  department  shall  be  open  for  the  transaction  of 

2  public  business  at  least  from  nine  o’clock  in  the  morning  until  five 

3  o’clock  in  the  evening  of  each  day  except  Sundays,  and,  in  the  dis- 

4  eretion  of  the  respective  department  head's,  Saturday  afternoons 

5  and  legal  holidays. 

Sec.  19.  Each  department  shall  adopt  and  keep  an  official  seal. 


^4^*-  oo  to  co  to  to  CO  *^J  <^*>  Ox  hf^  00  to  Ox  hl-^  co  to  03  to 


9 


Sec.  20.  Eacli  department  is  empowered  to  employ,  subject  to 
laws  in  force  at  the  time  employment  is  made,  necessary  employees, 
and,  if  the  rate  of  compensation  is  not  otherwise  provided  for,  or 
fixed  by  law,  to  fix  such  compensation. 

Sec.  21.  All  employees  in  the  several  departments  shall  ren¬ 
der  not  less  than  seven  hours  of  labor  each  day,  Saturday  after¬ 
noons,  Sundays,  and  legal  holidays  excepted :  Provided,  such  excep¬ 
tions,  in  the  judgment  of  the  department  head,  do  not  impair  the 
public  service. 

Sec.  22.  Each  employee  in  the  several  departments  shall  be 
entitled  during  the  calendar  year  to  thirty  days  leave  of  absence 
with  full  pay,  which  leave  shall  include  the  vacation  period,  and 
absence  on  account  of  illness  or  for  other  than  official  business.  In 
special  and  meritorious  cases  where  to  limit  the  annual  leave  with 
full  pay  to  thirty  days  in  any  one  calendar  year  would  work  pecu¬ 
liar  hardship,  it  may,  in  the  discretion  of  the  Council  of  State,  he 
extended  not  to  exceed  a  total  of  more  than  three  months. 

Sec.  23.  Salaries  of  State  employees  shall  be  paid  in  monthly 
installments. 

Sec.  24.  Ho  employee  in  the  several  departments,  employed  at 
a  fixed  compensation,  shall  be  paid  for  any  extra  services  unless 
expressly  authorized  by  law. 

Sec.  25.  Every  officer  and  employee  employed  on  a  full-time 
basis  at  the  time  this  act  takes  effect  shall  be  assigned  to  a  position 
in  the  proper  department  mentioned  in  section  3  of  this  act,  having, 
so  far  as  possible,  duties  equivalent  to  his  former  office  or  employ¬ 
ment,  but  this  section  shall  not  be  construed  to  require  the  reten¬ 
tion  of  more  employees  than  are  necessary  to  the  proper  perform¬ 
ance  of  the  functions  of  the  departments. 

Sec.  26.  Each  department  head,  except  the  Governor,  shall 
annually,  on  or  before  the  first  day  of  December,  and  at  such  othei 
times  as  the  Governor  may  require,  report  in  writing  to  the  Gov¬ 
ernor  concerning  the  condition,  management  and  financial  transac¬ 
tions  of  his  respective  department.  The  departments  shall  make 

6  annual  reports  and  biennial  reports  to  the  Governor  at  the  time 

7  prescribed  in  this  section,  and  at  no  other  time. 

Sec.  27.  The  heads  of  departments  shall  devise  a  practical  and 

2  working  basis  for  co-operation  and  co-ordination  of  work,  eliminat- 

3  ing  duplication  and  overlapping  of  functions.  They  shall,  so  far 

4  as  practicable,  co-operate  with  each  other  in  the  employment  of 

5  services  and  the  use  of  quarters  and  equipment.  The  head  of  any 

6  department  may  empower  or  require  an  employee  of  anothei  d(  - 


7 

8 

9 

2 

3 

4 

5 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

2 


10 


partment,  subject  to  the  consent  of  the  superior  officer  of  the 
employee,  to  perform  any  duty  which  he  might  require  of  his  own 
subordinates. 

Sec.  28.  The  heads  of  the  departments  other  than  the  Depart¬ 
ment  of  Administration  shall  constitute  the  Governor’s  cabinet,  and 
they  shall  meet  and  advise  with  the  Governor  not  less  frequently 
than  once  each  month  :  Provided ,  that  the  powers  and  duties  of  the 
Council  of  State  shall  not  be  abridged  thereby. 

Sec.  29.  The  gross  amount  of  money  received  by  every  depart¬ 
ment,  from  whatever  source,  belonging  to  or  for  the  use  of  the 
State,  shall  be  paid  into  the  State  Treasury  currently  and  in  no 
instance  later  than  the  third  day  of  the  calendar  month  next  fol¬ 
lowing,  without  any  deduction  on  account  of  salaries,  fees,  costs, 
charges,  expenses  or  claim  of  any  description  whatever;  such  re¬ 
ceipts  shall  be  deposited  solely  and  directly  with  the  State  Treas¬ 
urer  and  shall  be  accompanied  by  an  itemized  statement  showing 
from  what  sources  and  under  what  statutes  such  receipts  have  been 
collected,  and  a  copy  of  said  statement  shall  at  the  same  time  be 
filed  in  the  Department  of  Audit  and  Control.  Ah  money  belong¬ 
ing  to,  or  for  the  use  of,  the  State  shall  be  expended  or  applied  by 
any  department  except  in  consequence  of  an  appropriation  made 
by  law  and  upon  the  warrant  of  the  State  Auditor. 

Sec.  30.  In  the  construction  of  buildings  for  the  several  depart¬ 
ments  and  all  State  institutions,  or  in  doing  other  construction  work 
in  or  about  buildings  and  grounds,  exceeding  the  estimated  value 
of  one  thousand  dollars,  contracts  therefor  shall  be  let  to  the  lowest 
responsible  bidder.  Supplies  and  equipment  for  the  several  de¬ 
partments,  the  State  charitable,  penal  and  reformatory  institutions 
and  State  normal  schools,  except  in  cases  of  emergency  and  in  the 
case  of  perishable  goods,  shall  be  purchased  in  large  quantities, 
and  contracts  therefor  shall  be  let  to  the  lowest  responsible  bidder. 
Advertisements  for  bids  for  doing  such  construction  work,  or  fur¬ 
nishing  such  supplies,  shall  be  published  for  at  least  three  days, 
the  first  and  last  of  which  publications  shall  be  at  least  ten  days 
apart,  in  one  or  more  newspapers  of  general  circulation  published 
in  each  of  the  seven  largest  cities  of  the  State,  determined  by  the 
then  last  preceding  Federal  census.  The  proposals  shall  be  publicly 
opened  on  the  day  and  hour  and  at  the  place  mentioned  in  the 
advertisement,  and  any  and  all  bids  may  be  rejected,  and  when 
rejected  a  re-advertisement  shall  be  made  in  the  manner  above 
described. 

Sec.  31.  All  supplies  of  fuel  purchased  for  the  departments 
and  institutions  shall  be  let  by  contract  to  the  lowest  responsible 


11 


3  bidder.  Advertisements  for  bids  shall  be  published  in  the  manner 

4  prescribed  in  section  30.  The  officer  authorized  by  law  to  make 
o  contracts  for  fuel  shall  prescribe  rules  and  regulations  to  be  ob- 

6  served  in  the  preparation,  submission  and  opening  of  bids.  All 

7  contracts  for  fuel  shall  be  made  subject  to  the  approval  of  the 

8  Governor. 

Sec.  32.  Whenever  in  this  act  power  is  vested  in  a  department 

2  to  inspect,  examine,  secure  data  and  information,  or  to  procure 

3  assistance  from  another  department,  a  duty  is  hereby  imposed  upon 

4  the  department  upon  which  demand  is  made  to  make  such  power 

5  effective. 

Sec.  33.  Whenever  rights,  powers  and  duties,  which  have  here- 

2  tofore  been  vested  or  exercised  by  any  officer,  board,  commission, 

3  institution  or  department,  or  any  deputy,  inspector  or  subordinate 

4  officer  thereof,  are,  by  this  act,  transferred,  either  in  whole  or  in 

5  part,  to  or  vested  in  any  department  mentioned  in  section  3  of  this 

6  act,  such  rights,  powers  and  duties  shall  be  vested  in,  and  shall  be 

7  exercised  by,  the  department  to  which  the  same  are  hereby  trans- 

8  ferred,  and  not  otherwise,  and  every  act  done  in  the  exercise  of 

9  such  rights,  powers  and  duties  shall  have  the  same  legal  effect  as 

10  if  done  by  the  former  officer,  board,  commission,  institution  or 

11  department, -or  any  deputy,  inspector  or  subordinate  officer  thereof. 

12  Every  person  and  corporation  shall  be  subject  to  the  same  obliga- 

13  tions  and  duties  and  shall  have  the  same  rights  arising  from  the 

14  exercise  of  such  rights,  powers  and  duties  as  if  such  rights,  powers 

15  and  duties  were  exercised  by  the  officer,  board,  commission,  depart- 

16  ment  or  institution,  or  deputy,  inspector  or  subordinate  thereof, 

17  designated  in  the  respective  laws  which  are  to  be  administered  by 

18  departments  mentioned  in  section  3  of  this  act.  Every  person  and 

19  corporation  shall  be  subject  to  the  same  penalty  or  penalties,  civil 

20  or  criminal,  for  failure  to  perform  any  such  obligation  or  duty,  or 

21  for  doing  a  prohibited  act,  as  if  such  obligation  or  duty  arose  from, 

22  or  such  act  were  prohibited  in  the  exercise  of  such  right,  power  or 

23  duty  by  the  officer,  board,  commission  or  institution,  or  deputy, 

24  inspector  or  subordinate  thereof,  designated  in  the  respective  lavs 

25  which  are  to  be  administered  by  the  departments  mentioned  m 

26  section  3  of  this  act.  Every  officer  and  employee  shall,  for  any 

27  offense,  be  subject  to  the  same  penalty  or  penalties,  civil  or  crimi- 

28  nal,  as  are  prescribed  by  existing  law  tor  the  same  offense  bv  any 

29  officer  or  employee  whose  powers  or  duties  devolve  upon  him  under 

30  this  act.  All  books,  records,  papers,  documents,  property,  real  and 

31  personal,  unexpended  appropriations  or  revenues,  and  pending 

32  business  in  any  way  pertaining  to  the  rights,  powers  and  duties  so 


33 

34 

35 

2 

o 

O 

4 

5 

6 

7 

8 

9 

10 

2 

3 

4 

5 

6 

7 

2 

3 

4 

5 

6 

hr 

i 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 


12 


transferred  to  or  vested  in  a  department  mentioned  in  section  3  of 
tliis  act,  shall  he  delivered  and  transferred  to  the  department  suc¬ 
ceeding  to  such  rights,  powers  and  duties. 

Sec.  34.  Wherever  reports  or  notices  are  hoav  required  to  be 
made  or  given,  or  papers  or  documents  furnished  or  served  by  any 
person  to  or  upon  any  officer,  hoard,  commission,  or  institution,  or 
deputy,  inspector  or  subordinate  thereof,  abolished  by  this  act,  the 
same  shall  be  made,  given,  furnished,  or  served  in  the  same  manner 
to  or  upon  the  department  upon  which  are  devolved  by  this  act  the 
rights,  powers  and  duties  now  exercised  or  discharged  by  such  offi¬ 
cer,  board,  commission,  or  institution,  or  deputy,  inspector  or  sub¬ 
ordinate  thereof;  and  every  penalty  for  failure  so  to  do  shall  con¬ 
tinue  in  effect. 

Sec.  35.  This  act  shall  not  affect  any  act  done,  ratified  or  con¬ 
firmed,  or  any  right  accrued  or  established,  or  any  action  or  pro¬ 
ceeding  had  or  commenced  in  a  civil  or  criminal  cause  before  tliis 
act  takes  effect ;  but  such  actions  or  proceedings  may  be  prosecuted 
and  continued  by  the  department  having  jurisdiction  under  this 
act  of  the  subject-matter  to  which  such  litigation  or  proceeding 
pertains. 

Sec.  36.  The  following  offices,  boards,  commissions,  arms  and 
agencies  of  the  State  government  heretofore  created  by  law  are 
hereby  abolished,  viz. :  Printing  Commission,  State  Board  of  Pen¬ 
sions,  Board  of  Internal  Improvements,  Board  of  Public  Buildings 
and  Grounds,  Budget  Commission,  Municipal  Board  of  Control, 
State  Board  of  Elections,  Board  of  State  Canvassers,  State  Board 
of  Equalization,  College  Commission  for  Regulating  Degrees,  Text- 
Book  Commission,  State  Committee  on  High  School  Text-Books, 
State  Board  of  Accountancy,  State  Board  of  Architectural  Ex¬ 
amination  and  Registration,  Board  of  Chiropody  (podiatry)  Ex¬ 
aminers,  State  Board  of  Chiropractic  Examiners,  North  Carolina 
State  Board  of  Dental  Examiners,  State  Board  of  Embalmers, 
State  Board  of  Registration  for  Engineers  and  Land  Surveyors, 
Board  of  Medical  Examiners  of  the  State  of  North  Carolina,  North 
Carolina  State  Board  of  Examiners  in  Optometry,  State  Board  of 
Osteopathic  Examination  and  Registration,  Board  of  Pharmacy, 
Board  of  Examiners  of  Trained  Nurses  of  North  Carolina,  North 
Carolina  Board  of  Veterinary  Medical  Examiners,  Trustees  of  the 
Law  Library,  Trustees  of  the  State  Library,  Library  Commission 
of  North  Carolina,  North  Carolina  Appomattox  Commission,  Leg¬ 
islative  Revision  Commission,  Crop  Pest  Commission,  State  Stand¬ 
ard  Keeper,  Board  of  Trustees  of  the  North  Carolina  Orthopaedic 
Hospital,  Quarantine  Board  at  Cape  Fear  quarantine  station, 


24 

25 

26 

27 

28 

29 

30 

2 

Q 

6 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 


13 


Fisheries’  Commission  Board,  Fisli  Commissioner,  assistant  fish 
commissioners,  Geological  Board,  State  Geologist,  State  Forester, 
Board  of  Commissioners  of  Navigation  and  Pilotage,  Property  and 
Disbursing  Officer  for  the  United  States,  Property  and  Disbursing 
Officer  for  North  Carolina,  Soldier  Settlement  Board,  Child  IV el- 
fare  Commission,  and  the  Board  of  Directors  of  the  State  Hospital 
for  the  Dangerous  Insane. 


THE  DEPABTMENT  OF  ADMINISTRATION 

Sec.  37.  The  Department  of  Administration  shall  have  power 
and  it  shall  be  its  duty : 

1.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Printing  Commission; 

2.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Commissioner  of  Labor  and  Printing  and  Assistant  Commissioner 
of  Labor  and  Printing  pertaining  to  the  supervision  of  State  print¬ 
ing  and  administering  of  the  public  printing  law; 

3.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Board  of  Public  Buildings  and  Grounds; 

4.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
State  Board  of  Pensions; 

5.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Budget  Commission ; 

6.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 

Board  of  Internal  Improvements; 

7.  To  exercise  the  rights,  powers  and  duties  vested  by  law  m  the 
North  Carolina  Appomattox  Commission; 

8.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Council  of  State  pertaining  to  the  fixing  or  adjustment  of  the  com¬ 
pensation  and  to  the  employment  of  State  employees , 

9.  To  purchase  and  supply  all  fuel  for  the  several  departments 


and  institutions; 

10.  To  purchase  and  supply  light,  water  and  other  like  office  and 

building  services  for  the  several  departments; 

11.  To  procure  and  supply  all  furniture,  general  office  equip¬ 
ment  and  general  office  supplies  needed  by  the  several  department-, 
the  State  charitable,  penal  and  reformatory  institutions  and  State 


lormal  schools; 

12.  To  procure  and  supply  all  clothing,  instruments  and  appa¬ 
ratus,  subsistence  and  provisions  for  the  several  State  chaiitabh, 
-jenal  and  reformatory  institutions  and  State  normal  schools; 

13.  To  procure  and  supply  all  cots,  beds,  bedding,  general  room 
md  cell  equipment,  table,  kitchen  and  laundry  equipment,  agncul- 


tural  implements,  harness,  stable  and  garage  supplies,  household 
supplies,  periodicals,  machinery  and  tools,  medicines  and  medical 
supplies,  plumbing,  light  and  engine  supplies,  wagons  and  other 
vehicles  and  workshop  supplies  needed  by  the  several  State  chari¬ 
table,  penal  and  reformatory  institutions  and  State  normal  schools; 

14.  To  purchase  and  supply  all  necessary  tools,  machinery,  sup¬ 
plies  and  materials  used  by  the  State  in  or  about  constructing  or 
maintaining  State  highways; 

15.  To  make  contracts  for  and  superintend  the  telephone  and 
telegraph  service  for  the  several  departments; 

16.  To  lease,  for  a  term  not  exceeding  two  years,  storage  or  ware¬ 
house  accommodations; 

IT.  To  lease,  for  a  term  not  exceeding  two  years,  office  space  in 
buildings  for  the  use  of  the  departments; 

IS.  To  have  general  supervision  and  care  of  store  rooms  and 
offices  leased ; 

19.  To  investigate  duplication  of  work  of  departments  and  the 
efficiency  of  the  organization  and  administration  of  departments, 
and  to  formulate  plans  for  the  better  co-ordination  of  departments; 

20.  To  publish  from  time  to  time,  for  the  information  of  the 
several  departments  and  of  the  general  public,  bulletins  of  the  work 
of  the  Government. 

THE  DEPARTMENT  OE  STATE 

Sec.  38.  The  Department  of  State  shall  have  power  and  it 
shall  be  its  duty : 

1.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Secretary  of  State,  his  officers  and  employees,  other  than  those 
rights,  powers  and  duties  pertaining  to  the  licensing  of  motor 
vehicles  and  the  collecting  of  the  gasoline  road  tax; 

2.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Municipal  Board  of  Control; 

3.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
State  Board  of  Elections; 

4.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Board  of  State  Canvassers. 


THE  DEPARTMENT  OF  AUDIT  AND  CONTROL 

Sec.  39.  The  Department  of  Audit  and  Control  shall  have 
power  and  it  shall  be  its  duty : 

1.  To  prescribe  and  require  the  installation  and  maintenance  of 
a  uniform  system  of  bookkeeping,  accounting  and  reporting  for  the 
several  departments,  State  institutions  and  counties; 


6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 


15 


2.  To  prescribe  forms  for  accounts,  records,  financial  reports  and 
statements  for  the  several  departments,  State  institutions  and 
counties ; 

3.  To  supervise,  examine  and  audit  the  accounts,  receipts  and 
expenditures  of  the  several  departments,  State  institutions  and 
counties ; 

4.  To  examine,  at  any  and  all  times,  into  the  accuracy  and 
legality  of  the  accounts,  receipts  and  expenditures  of  the  public 
moneys  and  the  disposition  and  use  of  the  public  property  by  the 
several  departments  and  State  institutions; 

5.  To  keep  such  summary  and  controlling  accounts  as  may  be 
necessary  to  determine  the  accuracy  of  the  detail  accounts  and 
reports  from  the  several  departments  and  State  institutions; 

6.  To  examine,  at  any  and  all  times,  the  accounts  of  every  private 
corporation,  institution,  association  or  board  receiving  appropria¬ 
tions  from  the  General  Assembly; 

7.  To  report  to  the  Attorney-General  for  such  action,  civil  or 
criminal,  as  the  Attorney-General  may  deem  necessary,  all  facts 
showing  illegal  expenditures  of  the  public  money  or  misappropria¬ 
tion  of  the  public  property; 

8.  To  examine  and  approve,  or  disapprove,  vouchers,  bills  and 
claims  of  the  several  departments,  and  no  voucher,  bill  or  claim 
of  any  department  shall  be  allowed  without  its  approval  and  cer¬ 
tificate  ; 

9.  To  keep  necessary  records  of  current  prices  of  supplies  and 
to  analyze  and  tabulate  prices  paid  and  quantities  purchased ; 

10.  To  prepare  and  report  to  the  Governor,  when  requested,  esti¬ 
mates  of  the  income  and  revenues  of  the  State ; 

11.  To  issue  all  warrants  upon  the  State  Treasurer. 


THE  DEPARTMENT  OF  THE  TREASURY 


Sec.  40.  The  Department  of  the  Treasury  shall  have  power  and 
it  shall  be  its  duty : 

1.  To  receive  and  account  for  all  moneys  paid  into  the  treasury; 
but  it  shall  neither  levy  nor  collect  per  se  any  taxes,  license  fees  or 


other  revenues ; 

2.  To  keep  records  and  accounts  necessary  to  control  the  admin¬ 
istration  of  funds  and  properties  and  for  the  preparation  of  re¬ 
ports  on  assets,  liabilities,  revenues,  surplus  and  deficit , 

3.  To  pay  all  warrants  legally  drawn  on  the  treasury  by  the 
Auditor,  and  'no  moneys  shall  be  paid  out  of  the  treasury  except 
on  the  warrant  of  the  auditor; 


4 


12 

13 

14 

15 

16 

17 

IS 

19 

20 

21 

22 

23 

24 

25 

26 

2 

O 

O 

4 

5 

6 

i 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

IS 

19 

20 

21 

22 

23 

24 

25 


16 


4.  To  designate,  after  examination  and  receipt  of  ample  security, 
State  depository  banks; 

5.  To  make  short-term  notes  in  temporary  emergencies  subject 
to  approval  of  the  Governor  and  Council  of  State:  Provided ,  such 
notes  are  made  to  procure  funds  in  accordance  with  appropriations 
already  made  by  the  General  Assembly; 

6.  To  keep  records  and  accounts  of  all  bonds  issued,  registered, 
transferred,  exchanged  or  surrendered,  and  to  issue  coupon  bonds 
in  lieu  of  registered  bonds  as  occasion  demands; 

7.  To  act  as  treasurer  ex  officio  of  all  State  institutions  and  as 
custodian  of  all  State  funds; 

8.  To  report  currently  to  the  Auditor  the  amount  of  the  bonds, 
short-term  notes  or  other  certificates  of  indebtedness  sold,  amount 
authorized  but  unissued,  and  number  and  amount  of  unsigned 
bonds  and  notes  on  hand. 

THE  DEPARTMENT  OF  EDUCATION 

Sec.  41.  The  Department  of  Education  shall  have  power  and  it 
shall  be  its  duty : 

1.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Text-Book  Commission; 

2.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
State  Committee  on  High  School  Text-Books; 

3.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Library  Commission  of  North  Carolina; 

4.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Trustees  of  the  State  and  Document  Libraries,  the  State  Librarian, 
and  assistant ; 

5.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Trustees  of  the  Law  Library,  its  officers  and  employees; 

6.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
College  Commission  for  Regulating  Degrees; 

7.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
State  Board  of  Accountancy; 

8.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
State  Board  of  Architectural  Examination  and  Registration; 

9.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
State  Board  of  Chiropody  (podiatry)  Examiners; 

10.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  State  Board  of  Chiropractic  Examiners; 

11.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  State  Board  of  Dental  Examiners; 


26 

27 

28 

29 

30 

31' 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 


17 


12.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  State  Board  of  Embalmers; 

13.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  State  Board  of  Registration  for  Engineers  and  Land  Surveyors ; 

14.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  Board  of  Medical  Examiners  of  the  State  of  North  Carolina; 

15.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  North  Carolina  State  Board  of  Examiners  in  Optometry; 

16.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  State  Board  of  Osteopathic  Examination  and  Registration; 

17.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  Board  of  Pharmacy; 

18.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  Board  of  Examiners  of  Trained  Nurses  of  North  Carolina. 

19.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  North  Carolina  Board  of  Veterinarv  Medical  Examiners; 

20.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Historical  Commission,  its  officers  and  employees  other  than  those 
rights,  powers  and  duties  vested  by  this  act  in  advisory  and  non¬ 
executive  boards; 

21.  To  exercise  the.  rights,  powers  and  duties  vested  by  law  in 
the  Board  for  Vocational  Education  other  than  those  rights,  powers 
and  duties  vested  by  this  act  in  advisory^  and  non-executive  boards ; 

22.  To  exercise  the  statutory  rights,  powers  and  duties  vested  in 
the  State  Board  of  Education,  its  officers  and  employees,  other 
than  those  rights,  powers  and  duties  vested  by  this  act  in  advisory 
and  non-executive  boards. 

Sec.  42.  The  Department  of  Education  shall,  wherever  the  sev¬ 
eral  laws  regulating  professions  which  are  devolved  upon  the  de¬ 
partment  for  administration  so  require,  exercise  in  its  name,  but 
subject  to  the  provisions  of  this  act,  the  following  powers: 

1.  Ascertain  and  pass  upon  the  basic  qualifications  or  eligibility 
of  applicants  for  examination  in  accordance  with  statutory  or 
departmental  requirements  for  the  respective  professions  or  occu¬ 
pations  ; 

2.  Conduct  examinations  to  ascertain  the  qualifications  and  fit¬ 
ness  of  applicants  to  exercise  the  profession  or  occupation  for 
which  an  examination  is  held ;  and  pass  upon  the  qualifications  for 

reciprocal  licenses  or  certificates ; 

3.  Prescribe  rules  and  regulations  for  a  fair  and  wholly  impar¬ 
tial  method  of  examination  of  candidates  to  exercise  the  respective 
professions  or  occupations; 


16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 


18 


4.  Prescribe  rules  and  regulations  defining,  for  the  respective 
professions  or  occupations,  what  shall  constitute  a  school,  college 
or  university,  or  other  institutions,  reputable  and  in  good  standing, 
and  to  determine  the  reputability  and  good  standing  of  a  school, 
college  or  university,  or  other  institution,  reputable  and  in  good 
standing  by  reference  to  compliance  with  such  rules  and  regula¬ 
tions  ; 

5.  Conduct  hearings  on  proceedings  to  revoke,  suspend  or  re¬ 
fuse  renewal  of  licenses  or  certificates  of  persons  exercising  the 
respective  professions  or  occupations,  and  to  revoke,  suspend  or 
refuse  to  renew  such  licenses  or  certificates; 

6.  Determine  the  standards  and  rules  for  reciprocal  relations 
with  other  States  and  to  conduct  such  reciprocal  relations  for  the 
several  professions  or  occupations  upon  agreement ; 

7.  Formulate  rules  and  regulations  when  required  in  any  act  to 
be  administered. 

None  of  the  above  enumerated  functions  and  duties  shall  be 
exercised  by  the  Department  of  Education,  except  upon  the  action 
and  report  in  writing  of  persons  designated  and  directed  by  the 
Superintendent  of  Public  Instruction  in  the  manner  prescribed 
in  this  section  to  take  such  action  and  to  make  such  report  for  the 
respective  professions  or  occupations,  as  follows: 

For  the  accountants,  five  persons,  each  of  whom  has  been  a  cer¬ 
tified  public  accountant  in  this  State  for  a  period  of  not  less  than 
five  years; 

For  the  architects,  five  persons,  each  of  whom  has  been  a  regis¬ 
tered  architect  in  this  State  for  a  period  of  not  less  than  five  years, 
not  more  than  two  of  whom  shall  be  graduates  of  the  same  college 
or  university; 

For  the  chiropodists  (podiatrists),  five  persons,  each  of  whom 
has  been  a  registered  chiropodist  (podiatrist)  and  has  practiced 
in  this  State  for  not  less  than  three  years; 

For  the  chiropractors,  five  persons,  each  of  whom  has  been  a 
licensed  chiropractor  in  this  State  for  not  less  than  five  years,  not 
more  than  two  of  whom  shall  be  graduates  of  the  same  chiropractic 
college ; 

For  the  dentists,  five  persons,  each  of  whom  has  been  a  licensed 
practitioner  of  dentistry  or  dental  surgery  in  this  State  for  a  period 
of  not  less  than  ten  years,  not  more  than  two  of  whom  shall  be 
graduates  of  the  same  college  or  university; 

For  the  embalmers,  five  persons,  three  of  whom  shall  be  licensed 
medical  practitioners  and  two  licensed  embalmers,  of  not  less  than 
five  years  of  practical  experience; 


59 

60 

61 

62 

63 

64 

65 

66 

67 

68 

69 

70 

71 

72 

73 

74 

75 

76 

hr  hr 

(  l 

78 

79 

80 

81 

82 

83 

84 

85 

86 

87 

88 

89 

90 

91 

92 

93 

94 

95 

96 

97 

98 


19 


For  the  engineers  and  land  surveyors,  five  persons,  each  of  whom 
shall  have  been  engaged  in  the  practice  or  teaching  of  his  profes¬ 
sion  for  a  period  of  not  less  than  ten  years,  not  more  than  three  of 
whom  shall  be  of  the  same  branch  of  the  profession  of  engineering. 
At  least  one  of  said  persons  shall  be  a  member  of  the  engineering 
faculty  of  the  North  Carolina  State  College  of  Agriculture  and 
Engineering,  and  at  least  one  shall  be  a  member  of  the  engineering 
faculty  of  the  University  of  North  Carolina; 

For  the  medical  practitioners,  five  persons,  each  of  whom  has 
been  a  licensed  practitioner  of  medicine,  surgery,  or  branches 
thereof  in  this  State  for  a  period  of  not  less  than  ten  years,  not 
more  than  two  of  whom  shall  be  graduates  of  the  same  college  or 
university ; 

For  the  optometrists,  five  persons,  each  of  whom  has  been  a 
licensed  optometrist  in  this  State  for  a  period  of  not  less  than  five 
years,  no  one  of  whom  is  a  member  of  any  optical  school  or  college 
or  instructor  in  optometry  or  person  connected  in  any  way  there¬ 
with,  or  is  a  manufacturer,  jobber  or  jobbing  representative; 

For  the  osteopaths,  five  persons  each  of  whom  shall  be  a  licensed 
osteopath  in  this  State  for  a  period  of  five  years,  no  more  than  two 
of  whom  shall  be  graduates  of  the  same  college  of  osteopathy; 

For  the  pharmacists,  five  persons,  each  of  whom  shall  be  a  . 
licensed  pharmacist  in  this  State,  and  shall  have  had  at  least  five 
years  practical  experience  in  the  dispensing  of  physicians’  prescrip¬ 
tions  since  receiving  such  license; 

For  the  trained  nurses,  five  persons,  two  of  whom  shall  be  repu¬ 
table  licensed  physicians,  and  three  of  whom  shall  be  registered 
nurses  in  this  State  who  are  graduates  of  a  recognized  school  for 
nurses  and  have  had  at  least  two  years  experience  in  educational 
work  among  nurses; 

For  the  veterinary  practitioners,  five  persons,  each  of  whom  shall 
be  a  licensed  practitioner  of  veterinary  medicine  and  surgery  in 
this  State  for  a  period  of  not  less  than  ten  years,  not  more  than  two 
of  whom  shall  be  graduates  of  the  same  veterinary  college; 

The  action  or  report  in  writing  of  a  majority  of  the  persons  desig¬ 
nated  for  any  given  profession  or  occupation  shall  be  sufficient 
authority  upon  which  the  Department  of  Education  may  act; 

Whenever  the  Superintendent  of  Public  Instruction  is  satisfied 
that  substantial  justice  has  not  been  done  either  in  an  examination 
or  in  the  revocation  or  suspension  of  or  refusal  to  renew  a  license 


99 

100 

101 

102 

103 

104 

105 

106 

107 

108 

109 

110 

111 

2 

3 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

2 

3 


20 


or  certificate,  he  may  order  re-examinations  or  rehearings  by  the 
same  or  other  examiners; 

Persons  to  act  for  the  several  professions  or  occupations  shall 
he  designated  by  the  Superintendent  of  Public  Instruction  from 
lists  of  names  recommended  by  the  several  societies,  organizations 
or  associations  representing  the  various  professions  or  occupa¬ 
tions.  In  the  initial  appointments  the  superintendent  shall  ap¬ 
point  for  each  profession  or  occupation  five  persons  from  a  list  of 
ten  names  submitted,  and  in  subsequent  appointments  one  person 
from  a  list  of  three  names.  In  the  absence  of  such  lists  or  recom¬ 
mendations,  the  superintendent  shall  independently  make  desig¬ 
nations.  Each  person  designated  shall  serve  during  the  pleasure 
of  the  Superintendent. 

Sec.  43.  All  certificates  or  licenses,  whether  temporary,  perma¬ 
nent  or  renewal,  shall  be  issued  by  the  department  of  education,  in 
the  name  of  such  department,  with  the  seal  thereof  attached. 

Sec.  44.  The  Department  of  Education  shall  further  exercise 
the  following  powers  relating  to  each  profession  or  occupation : 

1.  Receive,  account  for,  and  pay  in  to  the  State  Treasury  to  the 
credit  of  the  general  fund  all  moneys  received  in  the  examination 
of  applicants,  the  issuance  or  renewal  of  licenses,  certificates  or 
related  sources.  All  proper  and  necessary  expenses,  including 
authorized  compensation  and  travel  shall  be  paid  on  the  warrant  of 
the  Auditor  of  the  State,  issued  by  the  Department  of  Education. 

2.  Keep  full  and  complete  record  of  proceedings; 

3.  Keep  full  and  complete  records  of  applicants  and  licensees 
for  each  occupation  or  profession; 

4.  Have  custody  of  all  correspondence,  papers,  records,  forms 
and  other  data ; 

5.  Print  or  have  printed  necessary  application  blanks,  and  other 
necessary  forms  or  supplies,  the  same  to  be  standardized  and 
uniform  as  far  as  practicable; 

6.  Conduct  inquiry  into  such  matters  as  the  reciprocal  relations 
between  this  and  other  States,  standards  of  admission  and  practice, 
methods  and  procedures  of  other  States,  extension  of  supervision 
over  other  professions,  occupations,  or  trades,  alleged  malpractice, 
fraud  or  misconduct,  compensation  of  examiners,  license  or  renewal 
fees ; 

Sec.  45.  Nothing  in  this  act  shall  waive  the  requirement  of 
each  licensee  to  register  with  the  county  or  local  authorities  as 
provided  in  the  law. 


2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

2 

3 

4 

5 

6 

■Hr 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 


21 


THE  DEPARTMENT  OF  LAW 

Sec.  46.  The  Department  of  LaAv  shall  have  power  and  it  shall 
be  its  duty  : 

1.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Legislative  Revision  Commission ; 

2.  To  act  as  the  sole  legal  agency  of  the  State  and  to  represent 
the  State  in  its  entirety  in  all  actions,  civil,  and  criminal,  in  which 
the  State  is  interested  or  is  a  party:  Provided ,  that  in  emergency 
and  when  approved  by  the  Governor  a  department  may  employ 
special  counsel ; 

3.  To  render  opinions  and  rulings  when  required  on  questions  of 
law  submitted  by  the  General  Assembly,  the  Governor  or  any 
State  officer; 

4.  To  consult  with  and  advise  solicitors  on  request  in  relation  to 
their  duties; 

5.  To  compare  the  warrants  drawn  by  the  Auditor  on  the  State 
Treasury  with  the  laAvs  under  Avhich  they  purport  to  be  drawn. 

6.  To  advise  the  Department  of  State  in  the  preparation  and 
distribution  of  ballots,  poll  books  and  forms  of  election  returns; 

7.  To  assist  the  members  of  the  General  Assembly  in  the  drafting 
and  revision  of  all  bills,  amendments  and  resolutions. 

THE  DEPARTMENT  OF  AGRICULTURE 

Sec.  47.  The  Department  of  Agriculture  shall  have  power 
and  it  shall  be  its  duty: 

1.  To  exercise  the  rights,  powers  and  duties  vested  by  laAv 
in  the  Board  of  Agriculture,  its  chairman,  secretary,  officers  and 
employees,  other  than  those  rights,  powers  and  duties  ATested  by  this 
act  in  advisory  and  non-executive  boards  and  those  pertaining  to 
agricultural  extension,  experimental  and  research  work  carried  on 
under  agreement  with  the  United  States  Department  of  Agriculture; 

2.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Crop  Pest  Commission,  its  inspectors  and  other  employees; 

3.  To  exercise  the  rights,  powers  and  duties  ATested  by  laAv  in  the 
State  Standard  Keeper; 

4.  To  administer  and  enforce  all  regulatory  laws  pertaining  to 
agriculture  and  allied  subjects; 

5.  To  supervise,  maintain  and  develop  the  State  museum  of 
agriculture  and  cultural  resources  and  to  administer  all  laws  per¬ 
taining  thereto; 

6.  To  collect  and  preserve  for  the  State  museum  objects  oi 
scientific,  educational  and  artistic  value,  representing  past  and 


20 

21 

22 

23 

24 

25 

2 

3 

4 

r~ 

o 

6 

/r 

i 

8 

9 

10 

11 

12 

13 

2 

O 

4 

5 

6 

/t 

4 

S 

9 

10 

11 

12 

13 

14 

15 

16 

IT 

IS 

19 

20 


22 


present  fauna  and  flora,  the  life  and  works  of  man,  geological  his¬ 
tory,  natural  and  agricultural  resources,  and  the  manufacturing 
and  fine  arts; 

7.  To  distribute  in  its  discretion,  to  the  various  educational  in¬ 
stitutions  of  the  State  specimens,  samples  and  materials  collected 
by  it  after  the  same  have  served  the  purposes  of  the  Department. 

*Sec.  48.  The  Director  of  Extension  and  the  North  Carolina 
Experiment  Station  shall  have  power  and  it  shall  he  his  duty; 

1.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Joint  Committee  for  Agricultural  Work,  its  officers  and  employees, 
other  than  those  rights,  powers  and  duties  vested  by  this  act  in 
advisory  and  non-executive  boards; 

2.  To  direct  the  extension,  experimental  and  research  work  of  the 
Department  of  Agriculture; 

3.  To  co-operate  with  the  Commissioner  of  Agriculture,  the 
United  States  Department  of  Agriculture,  and  the  president  and 
board  of  trustees  of  the  North  Carolina  State  College  of  Agriculture 
and  Engineering  on  all  subjects  of  common  concern  and  in  the 
furtherance  and  promotion  of  the  agricultural  interests  of  the  State. 

THE  DEPARTMENT  OE  HEALTH 

Sec.  49.  .  The  Department  of  Health  shall  have  power  and  it 
shall  be  its  duty : 

1.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
State  Board  of  Health,  its  secretary  and  executive  officer,  officers 
and  employees,  other  than  those  rights,  powers  and  duties  vested 
bv  this  act  in  advisory  and  non-executive  boards; 

2.  To  have  the  general  supervision  of  the  interests  of  the  health 
and  lives  of  the  people  of  the  State; 

3.  To  act  as  prescribed  by  law  relative  to  the  construction,  main¬ 
tenance  and  operation  of  public  water  supplies,  water  purification 
works,  sewerage  systems,  and  sewage  treatment  works,  and  to  ex¬ 
ercise  supervision  over  nuisances  growing  out  of  the  operation  of 
such  water  and  sewage  works,  and  to  make,  promulgate  and  enforce 
rules  and  regulations  relating  to  such  nuisances ; 

4.  To  make  examinations  into  nuisances  and  questions  affecting 
the  security  of  life  and  health  in  any  locality  in  the  State; 

5.  To  make  such  sanitary  investigations  as  it  may  from  time  to 
time,  deem  necessary  for  the  preservation  and  improvement  of 
public  health ; 

6.  To  enforce  the  sanitary  privy  law; 


21 

22 

28 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

87 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 


23 


7.  To  make  investigations  and  inquiries  with  respect  to  the  causes, 
prevention  and  suppression  of  disease,  especially  epidemics,  and  to 
investigate  the  causes  of  mortality  and  the  effect  of  localities,  em¬ 
ployments  and  other  conditions  upon  the  public  health ; 

8.  To  collect,  analyze,  interpret  and  preserve  such  information 
relative  to  mortality,  morbidity,  disease  and  health,  as  may  he  use¬ 
ful  in  the  discharge  of  its  duties  or  may  contribute  to  the  promotion 
of  health  or  to  the  security  of  life  in  this  State ; 

9.  To  administer  and  enforce  the  vital  statistics  law; 

10.  To  administer  and  enforce  the  school  medical  inspection  law; 

11.  To  take  necessary  measures  for  the  education  of  expectant 
mothers,  the  reduction  of  infant  mortality,  and  the  promotion  of 
public  health  nursing; 

12.  To  keep  informed  of  the  work  of  local  health  officers  and 
agencies  throughout  the  State; 

13.  To  supervise,  aid,  direct  and  assist  local  health  authorities  or 
agencies  in  the  administration  of  the  health  laws  and  to  encourage 
the  establishment  of  local  health  departments ; 

14.  To  maintain  chemical,  bacteriological  and  biological  labora¬ 
tories,  to  make  examinations  of  water,  milk,  sewage,  wastes,  and 
other  substances,  and  to  make  such  diagnosis  of  diseases  as  may  be 
deemed  necessary  for  the  protection  of  the  people  of  the  State; 

15.  To  determine  standards  of  purity  of  drinking  water  for  the 
various  sections  of  the  State; 

•16.  To  manufacture  or  purchase  and  distribute  to  citizens  of  the 
State  diphtheria  antitoxin,  typhoid  vaccine,  smallpox  vaccine  and 
other  sera,  vaccines  and  prophylactics  such  as  are  of  recognized 
efficiency  in  the  prevention  and  treatment  of  communicable  diseases; 

17.  To  enlist  the  co-operation  of  organizations  of  physicians  and 
other  agencies  for  the  promotion  of  the  public  health  in  the  im¬ 
provement  of  health  and  sanitary  conditions  throughout  the  State; 

IS.  To  make  sanitary,  sewage,  health  and  other  inspections  and 
examinations  for  the  State  charitable,  penal  and  reformatory  insti¬ 
tutions  and  State  normal  schools; 

19.  To  inspect,  from  time  to  time,  all  hospitals,  sanitaria,  and 
other  institutions  conducted  by  county,  city,  village  or  township 
authorities,  and  to  report  as  to  the  sanitary  conditions  and  needs  of 
such  hospitals,  sanitaria  and  institutions  to  the  official  authority 
having  jurisdiction  over  them ; 

20.  To  inspect,  not  less  than  once  a  year  and  oftener  it  conditions 
require,  the  sanitary  conditions  of  hotels,  restaurants  and  cates, 
and  enforce  the  law  in  relation  thereto; 


63 

64 

65 

66 

67 

68 

60 

70 

2 

Q 

<> 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 


24 


21.  To  promote  the  information  of  the  general  public  in  all 
matters  pertaining  to  public  health ; 

22.  To  print,  publish  and  distribute  documents,  reports,  bulletins, 
certificates  and  other  matter  relating  to  the  prevention  of  diseases 
and  the  health  and  sanitary  condition  of  the  State; 

23.  To  supervise  and  direct  the  administration  of  the  North 
Carolina  Sanatorium  for  the  Treatment  of  Tuberculosis  and  the 
North  Carolina  Orthopaedic  Hospital,  their  officers  and  employees; 

Sec.  50.  The  State  Board  of  Health,  shall,  in  addition  to  the 
power  vested  by  this  act  in  advisory  and  non-executive  boards,  have 
power : 

1.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
board  of  trustees  of  the  North  Carolina  Orthopaedic  Hospital,  ex¬ 
cept  that  its  action  shall ' be  recommendatory.  The  power  of  ap¬ 
pointment  and  removal  of  the  superintendent  and  general  super¬ 
vision  over  the  management  of  said  hospital  shall  be  vested  in  the 
Commissioner  of  Health. 

2.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
board  of  directors  of  the  North  Carolina  Sanatorium  for  the  Treat¬ 
ment  of  Tuberculosis  except  that  its  action  shall  be  recommenda¬ 
tory.  The  power  of  appointment  and  removal  of  the  superintendent 
and  general  supervision  of  the  management  of  said  sanatorium  shall 
be  vested  in  the  Commissioner  of  Health. 

3.  To  promote  the  passage  of  remedial  and  constructive  legisla¬ 
tion  for  the  protection  of  public  health,  and  to  advise  in  the  formu¬ 
la  i ion  of  health  policies  and  programs. 

THE  DEPARTMENT  OF  NATURAL  RESOURCES 

Sec.  51.  The  Department  of  Natural  Resources  shall  have 
power  and  it  shall  be  its  duty : 

1.  To  exercise  thelrights,  poAvers  and  duties  A^ested  by  Dav  in  the 
Fisheries’  Commission  Board,  the  Fish  Commissioner  and  assistant 
fish  commissioners ; 

2.  To  exercise  the  rights,  powers  and  duties  vested  by  Dav  in  the 
Audubon  Society  of  North  Carolina  and  boards  of  county  commis¬ 
sioners  relating  to  the  enforcement  of  the  State  bird  and  game  laws, 
the  appointment  of  bird  and  game  wardens  and  the  issuance  of 
hunting  licenses ; 

3.  To  exercise  the  rights,  powers  and  duties  vested  by  Iuav  in  the 
Geological  Board,  State  Geologist  and  State  Forester,  except  engi¬ 
neering  functions  relating  to  the  location,  construction  and  main¬ 
tenance  of  highways  and  appurtenances; 


15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 


25 


4.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Board  of  Agriculture  relating  to  the  propagation  of  fish  in  the 
inland  waters  of  the  State; 

5.  To  examine  and  investigate  the  mineral  resources  of  the  State, 
the  location  and  development  of  mines,  and  geological  formations; 

6.  To  take  all  measures  necessary  and  proper  to  the  development 
of  harbors,  navigable  streams,  ships  and  water  transportation. 

7.  To  investigate  and  study  the  natural  resources  of  the  State 
and  to  prepare  plans  for  the  conservation  and  development  of  the 
natural  resources  and  for  that  purpose  the  officers  and  employees 
thereof  may  enter  and  cross  all  lands  in  this  State,  doing  no  dam¬ 
age  to  private  property; 

8.  To  co-operate  with  and  advise  departments  having  administra¬ 
tive  powers  or  duties  relating  to  the  natural  resources  of  the  State, 
and  to  co-operate  with  similar  departments  in  other  States  and  with 
the  United  States; 

9.  To  conduct  a  natural  history  survey  of  the  State,  giving- 
preference  to  subjects  of  economic  importance; 

10.  To  study  the  geological  formation  of  the  State  with  reference 
to  its  resources  of  coal,  ores,  clay,  building  stones,  cement,  materials 
suitable  for  use  in  the  construction  of  roads,  gas,  mineral  and 
artesian  water  and  other  products ; 

11.  To  publish  from  time  to  time,  topographical,  geological  and 
other  maps  to  illustrate  the  resources  of  the  State ; 

12.  To  publish,  from  time  to  time,  bulletins  giving  a  general  and 
detailed  description  of  the  geological  and  mineral  resources  of  the 
State ; 

13.  To  co-operate  with  the  United  States  Geological  Survey  in 
the  preparation  and  completion  of  a  contour  topographical  survey 

and  map ; 

14.  To  collect  facts  and  data  concerning  the  water  resources  ot 
the  State. 

15.  To  publish,  from  time  to  time,  the  results  of  its  investigations 
of  the  waters  of  the  State  to  the  end  that  available  water  resources 
of  the  State  may  be  better  known  and  that  the  interests  of  the 
people  may  be  safeguarded ; 

16.  To  co-operate  with  the  university  of  North  Carolina  m  the 

use  of  scientific  staff  and  equipment; 

17.  To  take  all  measures  necessary  and  proper  for  the  acquire¬ 
ment,  protection,  preservation  and  development  ot  State  parks, 
reservations  and  sites; 

18.  To  take  all  measures  necessary  and  proper  for  the  preserva* 


■v* 

57 

58 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 


26 


tion,  distribution,  introduction  and  restoration  of  fisli,  game  birds 
and  other  wild  birds  of  the  State. 

Sec.  52.  The  Commission  on  Natural  Resources  acting  as  an 
advisory  and 'non-executive  board  shall  discharge  the  following  ad¬ 
visory  powers  and  functions : 

1.  Advise  relative  to  the  riparian  rights  of  the  State,  and  the 
conservation,  use  and  exploitation  of  water  resources  and  thp  pro¬ 
mulgation  of  a  State  program  and  policy  of  water  power  develop¬ 
ment  ; 

2.  Advise  relative  to  the  protection,  conservation  and  reforesta¬ 
tion  of  the  timber  lands  of  the  State,  the  preservation  or  acquire¬ 
ment  of  State  parks  and  sites,  and  the  development  of  a  State  park 
plan ; 

3.  Advise  relative  to  the  protection,  propagation  and  culture  of 
fish,  and  development  of  the  fishing  industry; 

4.  Advise  relative  to  the  protection  of  game  birds  and  other  wild 
birds ; 

5.  Advise  relative  to  the  development  of  mines  and  mining; 

6.  Advise  relative  to  the  development  of  harbors,  navigable 
streams,  ships  and  water  transportation; 

7.  Advise  relative  to  all  matters  pertaining  to  natural  history, 
geology,  water  and  water  resources,  forestry,  and  allied  research, 
investigational  and  scientific  work; 

8.  Promote  the  passage  of  remedial  or  progressive  legislation  per¬ 
taining  to  the  natural  resources  of  the  State. 

THE  DEPARTMENT  OF  LABOR  AND  INDUSTRY 

Sec.  53.  The  Department  of  Labor  and  Industry  shall  have 
power  and  it  shall  be  its  duty : 

1.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Department  of  Labor  and  Printing,  the  Commissioner  of  Labor 
and  Printing,  the  Assistant  Commissioner  of  Labor  and  Printing 
and  employees,  other  than  those  rights,  powers  and  duties  pertain¬ 
ing  to  State  printing. 

2.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  Board  of  Commissioners  of  Navigation  and  Pilotage; 

3.  To  foster,  promote  and  develop  the  welfare  of  wage  earners; 

4.  To  improve  working  conditions; 

5.  To  advance  opportunities  for  profitable  employment  ; 

6.  To  collect,  collate,  assert,  systematize  and  report  statistical 
details  relating  to  all  departments  of  labor,  especially  in  its  relation 
to  commercial,  industrial,  social,  educational  and  sanitary  condi- 


16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

2 

3 

4 


27 


tions,  and  to  the  permanent  prosperity  of  the  manufacturing  and 
productive  industries ; 

7.  To  collect,  collate,  assort,  systematize  and  report  statistical 
details  of  the  manufacturing  industries  and  commerce  of  the  State; 

8.  To  acquire  information  and  report  upon  the  general  condition, 
so  far  as  production  is  concerned,  of  the  leading  industries  of  the 
State; 

9.  To  acquire  and  diffuse  useful  information  on  subjects  con¬ 
nected  with  labor  in  the  most  general  and  comprehensive  sense  of 
that  word ; 

10.  To  acquire  and  diffuse  among  the  people  useful  information 
concerning  the  means  of  promoting  the  material,  social  and  in¬ 
tellectual  and  moral  prosperity  of  laboring  men  and  women; 

11.  To  acquire  and  diffuse  information  as  to  the  conditions  of’ 
employment,  and  such  other  facts  as  may  be  deemed  of  value  to 
the  industrial  interests  of  the  State; 

12.  To  acquire  and  diffuse  information  in  relation  to  the  preven¬ 
tion  of  accidents,  occupational  diseases  and  other  related  subjects. 

Sec.  54.  The  Industrial  Council  shall,  in  addition  to  the  power 
vested  by  this  act  in  advisory  and  non-executive  boards,  have  power, 
and  it  shall  be  its  duty : 

1.  To  study  labor  problems  and  conditions  in  various  industrial 
centers  in  the  State  and  elsewhere ; 

2.  To  suggest  to  the  Governor  and  the  General  Assembly 
remedial  and  constructive  labor  legislation; 

3.  To  establish  in  important  industries  or  industrial  centers,  sub¬ 
councils  of  employers  and  employees  for  the  discussion  of  and  relief 
from  common  problems,  and  the  betterment  of  industrial  condi¬ 
tions  ; 

4.  To  appoint  a  panel  of  not  more  than  fifty  prominent  citizens 
throughout  the  State  representative  of  various  groups,  classes  and 
areas,  from  which  panel  it  will  select  for  each  specific  labor  dispute 
in  which  the  public  welfare  is  concerned  or  at  the  request  of  the 
parties  directly  engaged,  a  Board  of  Arbitration  and  Conciliation 
composed  of  not  more  than  seven  persons :  Provided ,  that  the  action 
of  such  board  will  be  recommendatory  and  in  no  way  obligatoiy 
upon  the  parties  concerned. 


HE  DEPARTMENT  OF  BANKING  AND  INSURANCE 
Sec.  55.  The  Department  of  Banking  and  Insurance  shall  have 


power  and  it  shall  be  its  duty : 

1.  To  exercise  all  the  rights,  powers  and  duties  vested  by  law 
the  Department  of  Insurance,  the  Commissioner  ot  Insurance, 


in 

his 


28 


5  officers  and  employees,  other  than  the  rights,  powers  and  duties 

6  pertaining  to  the  collection  of  taxes  on  the  gross  premium  receipts 

7  of  insurance  companies  doing  business  in  this  State; 

8  2.  To  exercise  all  the  rights,  powers  and  duties  vested  by  law  in 

9  the  Corporation  Commission  pertaining  to  the  supervision,  inspec- 

10  tion  and  examination  of  public  and  private  banks,  loan  and  trust 

11  companies  or  corporations. 

THE  DEPARTMENT  OF  TAXATION  AND  REVENUE 

Sec.  56.  The  Department  of  Taxation  and  Revenue  shall  have 

2  power  and  it  shall  be  its  duty : 

3  1.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 

4  Department  of  Revenue,  its  officers  and  employees; 

5  2.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 

6  State  Board  of  Equalization ; 

7  3.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 

8  the  Department  of  Insurance  and  Commissioner  of  Insurance  per- 

9  taining  to  the  assessment  and  collection  of  taxes  on  gross  premium 

10  receipts  of  insurance  companies  doing  business  in  this  State; 

11  4.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 

12  the  State  Board  of  Education  pertaining  to  the  assessment  and 

13  collection  of  taxes  on  privately  owned  swamp  lands  reclaimed  by 

14  the  State; 

15  5.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 

16  the  Auditor  pertaining  to  the  assessment  and  collection  of  franchise 

17  and  other  taxes; 

/  • 

18  6.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 

19  the  Commissioner,  Board  and  Department  of  Agriculture  pertain- 

20  ing  to  the  assessment  and  collection  of  taxes  on  fertilizer,  gasoline, 

21  oils,  and  other  commodities; 

22  7.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 

23  the  Secretary  of  State  pertaining  to  the  assessment  and  collection 

24  of  license  fees  on  motor  vehicles,  the  assessment  and  collection  of 

25  tax  on  gasoline,  and  the  issuance  of  automobile  licenses  and  opera- 

26  tors’  certificates; 

27  8.  To  prepare  and  report  to  the  Governor  or  Auditor,  when 

28  requested,  estimates  of  the  income  and  revenues  of  the  department. 

THE  DEPARTMENT  OF  HIGHWAYS  AND  PUBLIC  WORKS 

Sec.  57.  The  Department  of  Highways  and  Public  Works  shall 

2  have  power  and  it  shall  be  its  duty : 

3  1.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 

4  the  State  Highway  Commission,  the  State  Highway  Engineer,  and 


5 

6 

< 

8 

9 

10 

11 

12 

13 

14 

15 

16 

IT 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

3  i 

38 

39 

40 

2 

O 

o 

4 

5 


29 


other  officers  and  employees  of  the  State  highway  service,  other 
than  those  rights,  powers  and  duties  vested  by  this  act  in  advisory 
and  non-executive  boards; 

2.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  boards  of  managers,  directors  or  trustees  respectively  of  the 
State  institutions  pertaining  to  the  erection,  construction  or  per¬ 
manent  improvement  of  buildings  under  the  control  of  such  boards; 

3.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  State  Board  of  Education  pertaining  to  the  reclamation  or 
other  improvements  of  State-owned  swamp  lands; 

.  4.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 

the  Geological  Board  and  State  Geologist  pertaining  to  the  location, 
construction  or  maintenance  of  highways  and  appurtenances; 

5.  To  prepare,  or  cause  to  be  prepared,  general  plans,  prelimi¬ 
nary  sketches  and  estimates  for  public  building  to  be  erected  for 
any  department  or  State  institution; 

6.  To  have  general  supervision  over  the  erection  and  construc¬ 
tion  of  public  buildings  erected  for  any  department  or  State  insti¬ 
tution  and  over  the  inspection  of  all  materials  previous  to  their 
incorporation  into  such  building  or  work; 

7.  To  make  contracts  for,  and  supervise  the  construction  and 
repair  of,  buildings  under  the  control  of  any  department  or  State 


institution ; 

8.  To  prepare  and  suggest  comprehensive  plans  for  the  develop¬ 
ment  of  grounds  and  buildings  under  the  control  of  any  department 
or  State  institution; 

9.  To  make  and  provide  all  drawings,  plans,  specifications  and 
models  for  the  construction  and  perfection  of  all  systems  of  sewer¬ 
age,  drainage  and  plumbing  for  the  State  in  connection  with  the 
buildings  and  grounds  under  the  control  of  any  department  or 


State  institution; 

10.  To  erect,  supervise  and  maintain  all  public  monuments  and 
memorials  erected  by  the  State,  except  where  the  supervision  and 
maintenance  thereof  is  otherwise  provided  by  law; 

11.  To  supervise  all  engineering  projects  and  public-voiks  im¬ 
provements  undertaken  by  the  State. 

Sec.  58,  The  State  Highway  Commission  shall,  in  addition  to 
the  power  vested  by  this  act  in  advisory  and  non-executive  boards, 

have  power,  and  it  shall  be  its  duty : 

1.  To  advise  relative  to  the  location,  construction,  improvement 

and  maintenance  of  State  highways. 


2 

Q 

o 

4 

5 

6 

h7 

i 

8 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

2 

3 

4 

5 

6 

h7 

t 

8 

9 

10 

11 

12 

13 

14 


30 


THE  DEPARTMENT  OF  WELFARE 


Sec.  59.  The  Department  of  Welfare  shall  have  power  and  it 
shall  be  its  duty : 

1.  To  exercise  the  statutory  rights,  powers  and  duties  vested  in 
the  State  Board  of  Charities  and  Public  Welfare:  Provided ,  that 
the  power  of  visi^^on  and  inspection  shall  be  retained  by  said 
board ; 

2.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Child  Welfare  Commission,  its  officers,  agents  and  employees. 

Sec.  60.  The  State  Board  of  Charities  shall,  in  addition  to  the 
power  vested  by  this  act  in  advisory  and  non-executive  boards, 'have 
power,  and  it  shall  be  its  duty : 

1.  To  investigate  into  the  condition  and  management  of  the 
whole  system  of  charitable,  penal  and  reformatory  institutions  of 
the  State,  including  State  hospitals,  the  State  prison,  convict  camps, 
reformatories,  jails,  almshouses,  and  private  charitable  institutions 
of  whatever  character; 

2.  To  investigate,  when  directed  by  the  Governor,  into  any  and 
all  phases  of  the  equipment,  management  or  policy  of  any  State 
charitable,  penal  or  reformatory  institution,  and  report  its  findings 
and  recommendations  to  the  Governor ; 

3.  To  inquire  into  the  equipment,  management  and  policies  of 
all  institutions  and  organizations  coming  under  the  supervision  and 
inspection  of  the  Department  of  Welfare; 

4.  To  collect  and  publish  annually  statistics  relating  to  depend¬ 
ency,  delinquency  and  kindred  social  problems; 

5.  To  promote  the  passage  of  remedial  and  constructive  legisla¬ 
tion  pertaining  to  the  field  of  social  welfare. 

Sec.  61.  The  Commission  on  Mental  Hygiene,  acting  as  an 
advisory  and  non-executive  board,  shall  have  power  and  it  shall  be 
its  duty : 

1.  To  make  investigations  and  studies  of  the  mentally  defective, 
the  causes,  prevention  and  cure  of  mental  defectiveness; 

2.  To  suggest  and  devise  ways  and  means  of  coordinating  the 
activities  of  the  State  institutions  for  the  mentally  defective,  with 
particular  reference  to  such  matters  as  care  and  treatment  of  in¬ 
mates,  vocational  and  industrial  training,  after-care  supervision 
and  business  methods ; 

3.  To  formulate  a  program  and  policy  on  mental  hygiene  for 
the  guidance  of  the  Governor  and  other  agencies ; 

4.  To  elect  its  own  officers,  adopt  by-laws,  and  meet  not  less  than 
four  times  each  year. 


2 

O 

O 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

2 

Q 

O 

4 

5 

6 


91 


Sec.  62.  The  Council  of  Public  Welfare  shall,  in  addition  to  the 
power  vested  by  this  act  in  advisory  and  non-executive  hoards,  have 
power,  and  it  shall  be  its  duty : 

1.  To  act  as  a  clearing-house  of  information  for  all  institutions 
and  agencies,  public  and  private,  on  matters  affecting  all  social- 
welfare  problems; 

2.  To  conduct  investigational  work  and  research  on  social-wel¬ 
fare  problems,  including  such  subjects  as  institutional  management 
and  policy,  the  collection,  analysis  and  publication  of  statistics,  per 
capita  costs,  ratios  between  attendants  and  patients,  pay  patients, 
finances,  employment  and  training,  teaching  methods,  admissions, 
discharges,  after-care  and  extension  work,  county  and  municipal 
welfare  activities,  management  of  private  institutions,  and  other 
subjects  of  related  character; 

3.  To  make  recommendations  to  the  several  institutions,  the 
Governor  and  other  agencies  for  the  coordination  of  welfare  activi¬ 
ties,  the  avoidance  of  duplication  and  friction,  and  the  adoption  of 
a  welfare  policy  for  the  State; 

4.  To  elect  its  own  officers,  adopt  suitable  by-laws  and  to  appoint 
a  paid  secretary,  who  shall  carry  on  the  investigational  and  re¬ 
search  activities  of  the  council; 

5.  To  meet  not  less  than  four  times  a  year  in  regular  session  and 

at  such  other  times  as  may  be  called  by  the  chairman  through  the 

secretary. 

«/ 

6.  To  promote  the  passage  of  remedial  and  progressive  legislation 
on  subjects  pertaining  to  the  field  of  social  welfare;* 

7.  To  maintain  in  its  discretion  a  laboratory  or  laboratories  at 
any  institution  within  the  jurisdiction  of  the  department  for  the 
purpose  of  research  into  the  causes,  the  cure  and  the  prevention  of 
the  defects,  disabilities  and  delinquencies  for  which  custody  or  con¬ 
finement  are  provided,  and  to  select  and  appoint  a  laboratory  chief, 
whose  duties  shall  be  confined  to  such  research  work; 

8.  To  co-operate  with  the  various  departments  or  institutions  in 
social  research  and  scientific  work  useful  in  the  prosecution  of  the 


vork  of  any  department  or  institution. 

Sec.  63.  The  Advisory  Board  of  Parole,  as  constituted  under 
his  act,  shall  have  power  and  it  shall  be  its  duty : 

1.  To  exercise  the  rights,  powers  and  duties  heretofore  vested  by 
aw  in  the  chairman  of  the  State  Board  of  Charities  and  Public 
Welfare  and  the  chairman  of  the  board  of  directois  of  the  State 
Prison  as  members  of  the  Advisory  Board  of  Parole. 


2 

9 

O 

4 

5 

6 

l 

8 

0 

10 

2 

Q 

O 

4 

•w' 

D 

6 

7 

8 

2 

3 

4 

5 

6 

hr 

7 

8 

9 

10 

11 

12 

13 

14 

15 

1G 

17 

18 

2 


32 


THE  DEPARTMENT  OF  MILITARY  AFFAIRS 


Sec.  64.  The  Department  of  Military  Affairs  shall  have  power 
and  it  shall  be  its  duty : 

1.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Adjutant-General’s  Department ; 

2.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
Soldier  Settlement  Board,  its  officers  and  employees; 

3.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
property  and  disbursing  officer  for  North  Carolina; 

4.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in  the 
property  and  disbursing  officer  for  the  United  States. 


THE  DEPARTMENT  OF  PUBLIC  UTILITIES 


Sec.  65.  The  Department  of  Public  Utilities  shall  have  power 
and  it  shall  be  its  duty  : 

1.  To  exercise,  through  the  Public  Utilities  Commission  created 
by  this  act,  all  the  rights,  powers  and  duties  vested  by  law  in  the 
Corporation  Commission,  its  officers  and  employees,  other  than 
those  rights,  powers  and  duties  pertaining  to  the  supervision,  in¬ 
spection  and  examination  of  public  and  private  banks,  loan  and 
trust  companies  or  corporations. 

Sec.  66.  The  boards  of  trustees  of  the  University  of  North  Caro- 
lina,  North  Carolina  State  College  of  Agriculture  and  Engineering, 
Women’s  College  of  North  Carolina,  and  Negro  Agricultural  and 
Technical  College  of  North  Carolina  shall  each  consist  of  twenty 
members  appointed  by  the  Governor,  with  the  consent  of  the  Sen¬ 
ate,  from  each  of  the  judicial  districts  of  the  State.  Their  term  of 
office  shall  be  five  years,  four  expiring  each  year.  The  Governor 
and  Superintendent  of  Public  Instruction  shall  be  ex-officio  mem¬ 
bers  of  such  boards.  Within  thirty  days  after  this  act  takes  effect, 
the  Governor  shall  appoint  the  members  of  each  board,  as  follows : 
Four  members  for  a  term  of  one  year,  four  members  for  a  term  of 
two  years,  four  members  for  a  term  of  three  years,  four  members 
for  a  term  of  four  years,  and  four  members  for  a  term  of  five  years. 
As  the  terms  of  these  members  first  appointed  under  this  section 
expire,  their  successors  and  all  trustees  appointed  thereafter  shall 
be  appointed  for  a  term  of  five  years.  All  vacancies  shall  be  filled 
by  appointment  by  the  Governor  as  prescribed  in  Section  12  of 
this  act. 


Sec.  67.  The  boards  of  trustees  of  the  East  Carolina  Teachers’ 
College,  Cullowhee  Normal  and  Industrial  School,  Appalachian 


33 


3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14. 

15 

16 

17 

18 
19 

2 

3 

4 

5 

6 


2 

3 

4 

2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 


Training  School  for  Teachers,  Cherokee  Indian  Normal  School  of 
Robeson  County,  Slater  Industrial  and  State  Normal  School  for 
Negroes,  Negro  Normal  School  at  Fayetteville,  and  Negro  Normal 
School  at  Elizabeth  City  shall  each  consist  of  live  members,  who 
shall  be  appointed  by  the  State  Board  of  Education.  Each  person 
so  appointed  shall  reside  within  the  area  served  by  the  respective 
schools :  Provided,  that  not  more  than  two  shall  be  residents  of  the 
same  county.  Their  term  of  office  shall  be  five  years,  one  expiring 
each  year.  Within  thirty  days  after  this  act  takes  effect,  the  State 
Board  of  Education  shall  appoint  the  members  of  each  hoard,  as 
follows :  One  member  for  a  term  of  one  year,  one  member  for  a 
term  of  two  years,  one  member  for  a  term  of  three  years,  one  mem¬ 
ber  for  a  term  of  four  years,  and  one  member  for  a  term  of  five 
years.  As  the  terms  of  these  members  first  appointed  under  this 
section  expire,  their  successors  and  all  trustees  appointed  thereafter 
shall  be  appointed  for  a  term  of  five  years.  All  vacancies  shall  be 
filled  by  appointment  by  the  State  Board  of  Education. 

Sec.  68.  The  Superintendent  of  Public  Instruction  shall  have 
power  to  appoint  and  remove,  for  cause,  the  principals  or  adminis¬ 
trative  heads  of  each  of  the  normal  schools  under  the  supervision 
of  the  State  Board  of  Education.  Members  of  the  teaching  staffs 
and  other  employees  shall  be  appointed  by  the  respective  princi¬ 
pals  or  administrative  heads,  subject  to  the  approval  of  the  local 
board  of  trustees,  and  may  be  removed  by  him  for  cause. 

Sec.  69.  The  State  Board  of  Health  shall  constitute  ex  officio 
the  board  of  trustees  of  the  North  Carolina  Sanatorium  for  the 
Treatment  of  Tuberculosis  and  the  North  Carolina  Orthopaedic 
Hospital. 


Sec.  70.  The  boards  of  trustees  of  the  State  Hospital  at  Raleigh, 
the  State  Hospital  at  Morganton,  the  State  Hospital  at  Goldsboro, 
Caswell  Training  School,  the  State  Prison,  Stonewall  Jackson 
Manual  Training  and  Industrial  School,  State  Home  and  Indus¬ 
trial  School  for  Girls  and  Women,  State  Training  School  for  Negro 
Boys,  State  School  for  the  Blind  and  Deaf,  the  North  Carolina 
School  for  the  Deaf,  the  Soldiers’  Home,  and  the  (  onfederate 
Woman’s  Home  shall  each  consist  of  five  members,  who  shall  be 
appointed  by  the  Governor,  with  the  consent  of  the  Senate:  Pro¬ 
vided,  that  appointments  to  each  of  the  boards  of  trustees  ot  the 
two  institutions  last  named  shall  be  made  upon  nominations  by  tie 
Soldiers’  Home  Association  and  Confederate  Woman’s  Home  Asso¬ 
ciation,  respectively.  Within  thirty  days  after  this  act  takes  effect, 
the  Governor  shall  appoint  the  members  of  each  board,  as  follows : 


15 

16 

17 

18 

19 

20 

21 

2 

3 

4 

tf 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 


34 


One  member  for  a  term  of  one  year,  one  member  for  a  term  of  two 
years,  one  member  for  a  term  of  three  years,  one  member  for  a 
term  of  four  years,  and  one  member  for  a  term  of  five  years.  As 
the  terms  of  these  members  first  appointed  under  this  section  expire, 
their  successors  and  all  trustees  appointed  thereafter  shall  be  ap¬ 
pointed  for  a  term  of  five  years.  All  vacancies  shall  be  filled  by 
appointment  by  the  Governor  as  prescribed  in  Section  12  of  this  act. 

Sec.  71.  The  board  of  trustees  of  each  of  the  State  institutions 
mentioned  in  sections  67,  69  and  70  shall,  with  respect  to  its  field 
of  work,  or  that  of  the  institution  with  which  it  is  associated  have 
the  following  powers  and  duties : 

1.  To  exercise  the  corporate  rights,  powers  and  duties  of  each 
incorporated  institution ; 

2.  To  advise  the  head  of  the  institution  as  to  the  management 
and  policy  of  the  institution; 

3.  To  suggest  rules  and  regulations  for  the  government  of  the 
institution,  its  finances,  admissions,  discharges  and  control  of  per¬ 
sons  admitted  or  received ; 

4.  To  recommend  upon  its  own  initiative,  policies  and  practices, 
which  recommendations  the  head  of  the  institution  will  duly  con¬ 
sider,  and  to  give  advice  or  make  recommendations  to  the  Governor 
and  the  general  assembly  when  so  requested,  or  upon  their  own 
initiative; 

5.  To  investigate  the  conduct  of  the  institution  with  which  it 
may  be  associated,  and  for  this  purpose  to  have  access,  at  any  time, 
to  all  books,  papers,  documents  and  records  pertaining  and  belong¬ 
ing  thereto,  and  to  require  written  or  oral  information  from  any 
officer  or  employee  thereof ; 

6.  To  adopt  rules,  not  inconsistent  with  law,  for  its  internal 
control  and  management,  a  copy  of  which  rules  shall  be  filed  with 
the  head  of  the  institution  with  which  such  board  is  associated ; 

7.  To  hold  meetings  at  such  times  and  places  as  may  be  prescribed 
by  the  rules,  not  less  frequently,  however,  than  quarterly; 

8.  To  act  by  a  sub-committee,  or  by  a  majority  of  the  board,  if 
the  rules  so  prescribe; 

9.  To  keep  minutes  of  the  transaction  of  each  session,  regular  or 
special,  which  shall  be  public  records  and  filed  with  the  head  of  the 
institution ; 

10.  To  give  notice  to  the  Governor  and  to  the  head  of  the  insti¬ 
tution  with  which  it  is  associated  of  the  time  and  place  of  every 
meeting,  regular  or  special,  and  to  permit  the  Governor  and  institu¬ 
tion  head  to  be  present  and  to  be  heard  upon  any  matter  coming 
before  such  board ; 


37 

38 

39 

40 

41 

42 

43 

44 

45 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

2 

o 

O 

4 

5 

6 

7 

8 

9 

10 

11 

o 

iJ 

2 


11.  To  appoint  and  remove  for  cause  the  superintendent  or  prin¬ 
cipal  of  the  institution  with  which  it  is  associated  except  where 
otherwise  provided  in  this  act,  but  the  right  of  appeal  to  the  Gov¬ 
ernor  shall  not  be  denied  the  head  of  any  institution  so  removed; 

12.  To  confer,  in  the  educational  institutions,  certificates  of 
proficiency  or  marks  of  merit  and  diplomas  as  are  usually  conferred 
by  such  institution ; 

13.  To  study  and  consider  the  entire  field  with  which  it  is  con¬ 
nected. 

Sec.  72.  The  superintendent  or  principal  of  each  institution 
mentioned  in  Sections  67,  69  and  70  shall  have  power: 

1.  To  advise  with  the  board  of  trustees  as  to  the  management, 
finances  and  policy  of  the  institution; 

2.  To  direct  and  superintend  the  management  and  control  of 
the  institution,  its  officers,  employees  and  persons  admitted  or  re¬ 
ceived  :  Provided,  that  in  the  case  of  the  educational  institutions, 
and  the  tuberculosis  sanatorium  and  orthopaedic  hospital,  such 
action  shall  be  subject  to  the  approval  of  the  superintendent  of 
public  instruction  and  commissioner  of  health  respectively; 

3.  To  prescribe  rules  and  regulations,  after  conferring  with  the 
board  of  trustees,  for  the  government  and  operation  of  the  institu¬ 
tion,  its  officers,  employees  and  persons  admitted  or  received. 

Sec.  73.  The  State  Hospital  for  the  Dangerous  Insane  is  hereby 
abolished  and  the  inmates  thereof  shall  be  committed  and  trans¬ 
ferred  to  the  respective  State  hospitals  for  the  insane  on  the  basis 
of  color  and  residence  now  governing  admissions  to  such  hospitals. 
Persons  so  committed  and  transferred  at  the  time  this  act  takes  ef¬ 
fect  and  all  insane  criminals  committed  thereafter,  shall  be  confined 
and  segregated  in  separate  wards  under  proper  custody  and  super¬ 
vision.  The  rights,  powers  and  duties  of  the  board  of  directors  ot 
the  State  Hospital  for  the  Dangerous  Insane  shall  be  transferred  to 
the  respective  boards  of  trustees  of  the  State  hospitals  for  the 
insane  in  accordance  with  the  provisions  ot  Section  t  1  of  this  act. 

Sec.  74.  All  laws  and  clauses  of  laws  in  conflict  with  this  act 
and  provisions  of  this  act  are  hereby  repealed. 

Sec.  75.  This  act  shall  not  be  in  force  until  January  first,  one 
thousand  nine  hundred  and  twenty-five. 


' 


’ 


* 


INDEX 


Section  GENERAL  PROVISIONS 


Page 


1.  Title  of  Act _ 

2.  “Department”  defined _ 

3.  Departments  of  State  Government _ 

4.  Department  heads _ ; _ 1( 

5.  Other  executive  and  administrative  officers _ 

6.  Advisory  and  non-executive  boards _ 2, 

7.  Qualifications  of  department  heads _ 3, 


8.  Qualifications  of  members  of  advisory  and  non-executive  boards  5, 

9.  Powers  and  duties  of  advisory  and  non-executive  boards _ 

10.  Advisory  and  non-executive  boards  to  receive  no  compensation-- 

11.  Department  heads  to  devote  entire  time  to  duties — shall  hold  no 

other  position _ 

12.  Appointment  of  department  heads — vacancy _ 

12a.  Appointment  of  advisory  and  non-executive  boards _ :__7, 

13.  Term  _ 

14.  Oath _ 

15.  Appointment  of  department  officers _ 

16.  Government  of  department — commissioner  to  prescribe  regula¬ 

tions  _ 

17.  Departmental  offices  to  be  maintained  in  Raleigh— branch  offices 

18.  Office  hours  for  transaction  of  public  business _ 

19.  Seal  _ 

2  0.  Employment — compensation _ 

21.  Hours  of  labor  of  employees _ 

2  2.  Annual  leave  of  absence — vacation,  sickness  and  for  other  causes 

2  3.  Salaries  to  be  paid  in  monthly  installments - 

2  4.  No  employee  to  be  paid  for  extra  service - 

2  5.  Reassignment  of  employees - 

2  6.  Annual  report  to  Governor  by  department  heads — other  reports 

2  7.  Co-operation  by  department  heads - 

28.  Department  heads  to  form  governor’s  cabinet - - - 

29.  Money  received  by  departments — payment  into  the  State  Treasury 

3  0.  Contracts  for  buildings  and  supplies  to  be  let  to  lowest  bidder — 

advertisement — bids  - 

31.  Contracts  for  fuel — approval  by  Governor - 

3  2.  When  power  is  vested  in  department  to  inspect,  examine,  secure 

data  or  information — duty  of  other  department - 

33.  When  rights,  powers  and  duties  of  officer,  board  or  commission 
are  transferred  to  or  vested  in  a  department  created  or  con¬ 
tinued  under  the  terms  of  this  act — acts  shall  have  same 
legal  effect — obligations,  duties  and  rights  of  persons  and 
corporations — penalties — transfer  of  books,  papers,  docu¬ 
ments,  property,  and  appropriations - 

3  4.  When  reports  or  notices  are  required  to  be  made  or  given,  or 
papers  or  documents  furnished  or  served - 


1 

1 

1 

2 

2 

3 

4 
6 
6 
6 

7 

7 

8 
8 
8 
8 

8 

8 

8 

8 

9 

9 

9 

9 

9 

9 

9 

9 

10 

10 

10 

10 

11 


11 

12 


38 

Section  Page 

3  5.  Pending  actions  and  proceedings - - 12 

3  6.  Offices,  boards  and  commissions  abolished - 12,  13 

THE  DEPARTMENT  OF  ADMINISTRATION 

37.  Shall  exercise  rights,  powers  and  duties  vested  in — 

1.  The  printing  commission -  13 

2.  Commissioner  and  assistant  commissioner  of  labor  and 

printing  pertaining  to  public  printing -  13 

3.  Board  of  public  buildings  and  grounds - - 13 

4.  State  board  of  pensions _  13 

5.  Budget  commission  _  13 

6.  Board  of  internal  improvements -  13 

7.  North  Carolina  Appomattox  commission -  13 

8.  Council  of  State  pertaining  to  salaries _  13 

9-20.  Other  powers  and  duties - - 13,  14 

THE  DEPARTMENT  OF  STATE 

38.  Shall  exercise  rights,  powers  and  duties  vested  in — 

1.  Secretary  of  state  other  than  those  pertaining  to  licensing 

motor  vehicles  and  collecting  of  gasoline  tax _ 14 

2.  Municipal  board  of  control _  14 

3.  State  board  of  elections _  14 

4.  Board  of  state  canvassers _  14 

THE  DEPARTMENT  OF  AUDIT  AND  CONTROL 
3  9.  Powers  and  duties  of  the  department  of  audit  and  control _ 14,  15 

THE  DEPARTMENT  OF  THE  TREASURY 

40.  Powers  and  duties  of  the  department  of  the  treasury _ 15,  16 

THE  DEPARTMENT  OF  EDUCATION 

41.  Shall  exercise  rights,  powers  and  duties  vested  in — 

1.  Text  book  commission _  16 

2.  State  committee  on  high  school  text  books _ 16 

3.  Library  commission _  16 

4.  Trustees  state  and  document  libraries _  16 

5.  Trustees  law  library _  16 

6.  College  commission  for  regulating  degrees _  16 

7.  State  board  of  accountancy _  16 

8.  State  board  of  architectural  examination  and  registration  16 

9.  State  board  of  chiropody  (podiatry)  examiners _  16 

10.  State  board  of  chiropractic  examiners _ 16 

11.  State  board  of  dental  examiners _  16 

12.  State  board  of  embalmers _  17 

13.  State  board  of  registration  for  engineers  and  land  sur¬ 

veyors  _  17 


39 

Section  Page 

14.  Board  of  medical  examiners _  17 

15.  State  board  of  examiners  in  optometry _  17 

16.  State  board  of  osteopathic  examination  and  registration.  17 

17.  Board  of  pharmacy _  17 

18.  Board  of  examiners  of  trained  nurses _ 17 

19.  Board  of  veterinary  medical  examiners _ 17 

20.  Historical  commission,  except  advisory  powers _ 17 

21.  Board  for  vocational  education,  except  advisory  powers..  17 

2  2.  State  board  of  education — statutory  rights _ 17 

4  2.  Additional  powers  conferred  in  administration  of  laws  regulating 

professions  or  occupations — boards  of  examiners _ 17-2  0 

43.  Certificates  and  licenses — by  whom  issued _ 20 

44.  Other  powers  and  duties _ _ _ 20 

4  5.  Requirement  of  licensees  to  register  with  county  officials  con¬ 
tinued  _ 2  0 

THE  DEPARTMENT  OF  LAW 

4  6.  Shall  exercise  the  rights,  powers  and  duties  vested  in — 

1.  Legislative  revision  commission _ 21 

2-7.  Other  powers  and  duties _ 21 

THE  DEPARTMENT  OF  AGRICULTURE 

47.  Shall  exercise  the  rights,  powers  and  duties  vested  in — 

1.  The  board  of  agriculture  other  than  advisory  powers _ 21 

2.  Crop  pest  commission _ 21 

3.  State  standard  keeper _ 21 

4-7.  Other  powers  and  duties _ 21,  22 

48.  Powers  and  duties  of  director  of  extension _ 22 

THE  DEPARTMENT  OF  HEALTH 

49.  Powers  and  duties  of  the  department  of  health - 22-24 

50.  Powers  and  duties  of  the  state  board  of  health - 24 

THE  DEPARTMENT  OF  NATURAL  RESOURCES 

51.  Shall  exercise  the  rights,  powers  and  duties  vested  in — 

1.  Fisheries’  commission  board - 24 

2.  Audubon  society — pertaining  to  enforcement  of  bird  and 

game  laws - 24 

3.  Geological  board  - 24 

4-18.  Other  powers  and  duties - 25,  26 

52.  Powers  and  duties  of  the  commission  on  natural  resources - 2  6 

THE  DEPARTMENT  OF  LABOR  AND  INDUSTRY 

53.  Powers  and  duties  of  the  department  of  labor  and  industry - 2  6,  2  7 

5  4.  Powers  and  duties  of  the  industrial  council - 2  7 


40 

Section  •  Page 

THE  DEPARTMENT  OF  BANKING  AND  INSURANCE 

55.  Shall  exercise  the  rights,  powers  and  duties  vested  in — 

1.  The  department  •of  insurance - 27 

2.  The  corporation  commission  pertaining  to  bank  examina¬ 

tion  _ _ _ _ _ 28 

THE  DEPARTMENT  OF  TAXATION  AND  REVENUE 

5  6.  Shall  exercise  the  rights,  powers  and  duties  vested  in — 

1.  The  department  of  revenue _ 28 

2.  State  board  of  equalization _  2  8 

3-8.  Other  powers  and  duties _ ^ _ 28 

THE  DEPARTMENT  OF  HIGHWAYS  AND  PUBLIC  WORKS 

5  7.  Shall  exercise  the  rights,  powers  and  duties  vested  in — 

1.  State  highway  commission  other  than  advisory  powers _ 28 

2-11.  Other  powers  and  duties _ .• _ 2  9 

58.  Powers  and  duties  of  the  state  highway  commission _ 2  9 

THE  DEPARTMENT  OF  WELFARE 

59.  Shall  exercise  the  rights,  powers  and  duties  vested  in — 

1.  The  state  board  of  charities  and  public  welfare — retention 

of  powers  of  visitation  and  inspection _ _ 3  0 

2.  The  child  welfare  commission _ 30 

i 

60.  Powers  and  duties  of  the  state  board  of  charities _ 30 

61.  Powers  and  duties  of  the  commission  on  mental  hygiene _ 30 

6  2.  Powers  and  duties  of  the  council  of  public  welfare _ 31 

63.  Powers  and  duties  of  the  advisory  board  of  parole _ 31 

THE  DEPARTMENT  OF  MILITARY  AFFAIRS 

6  4.  Shall  exercise  the  rights,  powers  and  duties  vested  in — 

1.  The  adjutant  general’s  department _ 32 

2.  Soldier  settlement  board _ 32 

3.  Property  and  disbursing  officer  for  North  Carolina _ 3  2 

4.  Property  and  disbursing  officer  for  the  United  States _ 32 

THE  DEPARTMENT  OF  PUBLIC  UTILITIES 

65.  Powers  and  duties  of  the  department  of  public  utilities _ 3  2 

6  6.  Boards  of  trustees  of  State  University  and  colleges — member¬ 
ship,  term  _  3  2 

6  7.  Boards  of  trustees  of  state  normal  schools — membership, 

term  - 32,  33 

68.  Appointment  of  normal  school  heads  by  superintendent  of  pub¬ 

lic  instruction _ ; _ 3  3 

69.  Boards  of  trustees  of  tuberculosis  sanatorium  and  orthopaedic 

hospital  _  33 


41 

Section  Page 

70.  Boards  of  trustees  of  charitable,  penal  and  reformatory  institu¬ 

tions — membership,  term _ 3  3,  34 

71.  Powers  and  duties  of  boards  of  trustees _ 3  4,  35 

7  2.  Powers  and  duties  of  institutional  heads _ 3  5 

73.  State  hospital  for  dangerous  insane — abolished _ 3  5 

7  4.  Repeal  of  conflicting  laws _ 3  5 

75.  Act  not  to  be  in  force  until  January  1,  1925 _ _ _ 35 


f 


J 


- 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


00043536959 

FOR  USE  ONLY  IN 


THE  NORTH  CAROLINA  COLLECTION 

* 


